People v Bautista

People v Bautista 2017 NY Slip Op 07297 Decided on October 19, 2017 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 19, 2017
No. 101

[*1]The People & c., Respondent,

v

Vilma Bautista, Appellant.

Nathan Z. Dershowitz, for appellant.

Garrett A. Lynch, for respondent.

MEMORANDUM:

The order of the Appellate Division, insofar as appealed from, should be affirmed.

Defendant was not deprived of a fair trial by the prosecutor's remarks in summation, as they reflected arguments that were fairly inferable from the evidence adduced at trial. Further, we agree with the courts below that the notes taken during the interviews of an unindicted alleged coconspirator were not subject to disclosure under Brady v Maryland (373 US 83 [1963]) because, contrary to defendant's contention, the notes were not exculpatory as to defendant's convictions of criminal tax fraud in the first degree and offering a false instrument for filing in the first degree.

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Order, insofar as appealed from, affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided October 19, 2017