New York Court of Appeals

The People of the State of New York, Respondent v. Anthony Santorelli, Appellant

October 26, 200095 N.Y.2d 412

Summary

The Court of Appeals affirmed the conviction and denial of the motion to vacate, holding that the State prosecutors had no Brady or Rosario duty to disclose FBI 302 reports because they were not in the People’s possession or control, and that the defendant validly waived his Antommarchi right at the sidebar. The dissent argued the waiver was improper. The orders of the Appellate Division are therefore affirmed.