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PEOPLE STATE NEW YORK v. THEODORE PERSICO (03/05/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40707 <http://www.versuslaw.com>; 247 N.E.2d 667; 24 N.Y.2d 758 decided: March 5, 1969. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.THEODORE PERSICO, APPELLANT Appeal, by permission of an Associate Judge of the Court of Appeals, from a judgment of the Appellate Term of the Supreme Court in the Second Judicial Department, entered June 23, 1967, affirming a judgment of the Criminal Court of the City of New York (Maurice H. Matzkin, J., at time of conviction; Richard F. Daly, J., at time of sentence), rendered in Kings County, which convicted defendant of a violation of section 975 of the former Penal Law. The complaint alleged that on September 3, 1964 defendant had policy slips in his possession. In the Court of Appeals defendant argued, among other things, that the trial court committed reversible error in refusing requests by defense counsel for the production, for cross-examination purposes, of a memorandum book in which the arresting officer, according to his own testimony during cross-examination, had made notes concerning defendant's arrest. William Sonenshine for appellant. Eugene Gold, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


Appeal, by permission of an Associate Judge of the Court of Appeals, from a judgment of the Appellate Term of the Supreme Court in the Second Judicial Department, entered June 23, 1967, affirming a judgment of the Criminal Court of the City of New York (Maurice H. Matzkin, J., at time of conviction; Richard F. Daly, J., at time of sentence), rendered in Kings County, which convicted defendant of a violation of section 975 of the former Penal Law. The complaint alleged that on September 3, 1964 defendant had policy slips in his possession. In the Court of Appeals defendant argued, among other things, that the trial court committed reversible error in refusing requests by defense counsel for the production, for cross-examination purposes, of a memorandum book in which the arresting officer, according to his own testimony during cross-examination, had made notes concerning defendant's arrest.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 Judgment reversed and a new trial ordered upon the ground that the court's failure to require the police officer to produce his memo book constituted reversible error (People v. Malinsky, 15 N.Y.2d 86; People v. Rosario, 9 N.Y.2d 286).

19690305

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