People v. Sealey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that the People’s failure to provide him with the psychiatric records of the victim constitutes a Brady violation (see, Brady v Maryland, 373 US 83) and a denial of due process of law. We dis*865agree. The People provided defendant with all materials in their possession that indicated that the victim had received psychiatric treatment. Because the People did not possess the psychiatric records requested by defendant, their failure to produce them is not a Brady violation (see, People v Diaz, 134 AD2d 445, lv denied 71 NY2d 895). The…
2Cases cited10 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. WebbNew York Court of Appeals · 1991
- People v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MelvinAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BelloNew York Court of Appeals · 1993
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- Johnson v. SackettAppellate Division of the Supreme Court of the State of New York · 2013
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