People State New York v. Erick Jackson a/K/a Eric Knight

[78 N.Y.2d 638 Page 640] Opinion OF THE COURT Eleven years ago, the defendant Erick Jackson was convicted of six counts of felony murder and one
count of second degree arson in connection with a fire at a Waldbaum's supermarket in Brooklyn that tragically claimed the
lives of six New York City firefighters. Three years after his direct appeal was exhausted, defendant brought a motion to
vacate his conviction pursuant to CPL 440.10 based on the People's failure to supply him with a memorandum that contained
the statement of a prosecution witness. The defendant claims that this was Rosario material and, therefore, the People should
have turned it over to defendant during the trial (see, People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866).