6.6 - D. Re-Enter Rosario I

• Jurisdiction: New York

D. Re-enter Rosario I

Effective February 1, 2001, the New York State Legislature went further than CPL § 470.05(1)—the general harmless error statute—and superseded Rosario II jurisprudence quite specifically. It restored the Rosario rule to that which the Court of Appeals originally promulgated in 1961 but later abandoned in 1976. Re-enter Rosario I. Under CPL § 240.75, a defendant seeking reversal of his conviction for a Rosario violation must show “a reasonable possibility that the non-disclosure...