People v Bautista, 30 NY3d 935 (2017)

2017 NY Slip Op 07297 [30 NY3d 935]
October 19, 2017
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Vilma Bautista, Appellant.

Argued September 12, 2017; decided October 19, 2017

People v Bautista, 132 AD3d 523, affirmed.

{**30 NY3d at 936} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed.[*2]

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.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Order, insofar as appealed from, affirmed, in a memorandum.