PEOPLE v. DIGUGLIELMO, 17 N.Y.3d 771 (2011)
Court: Court of Appeals of New York
Number: innyco20110623385
Visitors: 47
Filed: Jun. 23, 2011
Latest Update: Jun. 23, 2011
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed. Assuming that defendant made a specific request for the material alleged to be exculpatory, we find no reasonable possibility that any failure to disclose it contributed to the verdict ( see People v Vilardi, 76 N.Y.2d 67 , 77 [1990]). Moreover, we reject defendant's claim that the evidence supporting his conviction of depraved indifference murder is legally insufficient because of our decision in Peop
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed. Assuming that defendant made a specific request for the material alleged to be exculpatory, we find no reasonable possibility that any failure to disclose it contributed to the verdict ( see People v Vilardi, 76 N.Y.2d 67 , 77 [1990]). Moreover, we reject defendant's claim that the evidence supporting his conviction of depraved indifference murder is legally insufficient because of our decision in Peopl..
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OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Assuming that defendant made a specific request for the material alleged to be exculpatory, we find no reasonable possibility that any failure to disclose it contributed to the verdict (see People v Vilardi, 76 N.Y.2d 67, 77 [1990]). Moreover, we reject defendant's claim that the evidence supporting his conviction of depraved indifference murder is legally insufficient because of our decision in People v Feingold (7 N.Y.3d 288 [2006]). The standard enunciated in Feingold simply does not apply retroactively to cases on collateral review (see Policano v Herbert, 7 N.Y.3d 588, 603-604 [2006]), and defendant's claim that such a result violates the Federal Due Process Clause is without merit (Wainwright v Stone, 414 U.S. 21, 23-24 [1973]).
Order affirmed in a memorandum.
Source: Leagle
