The People of the State of New York v. Erick Jackson, Also Known as Eric Knight

Summary

The Court held that when a defendant raises a Rosario discovery claim on a CPL 440.10 motion after direct appeal has been exhausted, the per se error rule does not apply and the defendant must demonstrate actual prejudice from the prosecution’s failure to turn over Rosario material; the Court reversed the Appellate Division and remanded for further proceedings. Justice Titone dissented, arguing that the per se rule should continue to apply and no prejudice showing should be required.