# People v. DiGuglielmo

> New York Court of Appeals · June 23, 2011 · 17 N.Y.3d 771

URL: https://www.frixlaw.com/law-library/cases/5486921

## Case

- **Full name:** The People of the State of New York v. Richard D. DiGuglielmo
- **Court:** New York Court of Appeals
- **Decided:** June 23, 2011
- **Citations:** 17 N.Y.3d 771; 952 N.E.2d 1068
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5486921

## Opinion text

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 NY2d 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 NY3d 288 [2006]). The standard enunciated in Feingold simply does not apply retroactively to cases on collateral review (see Policano v Herbert, 7 *773 NY3d 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 US 21, 23-24 [1973]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Order affirmed in a memorandum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5486921. Public record. Not legal advice.