People v. Carpenter

As I stated in People v Washington (86 NY2d 189 [decided herewith]), I believe that material generated by the office of the Chief Medical Examiner (OCME) is subject to disclosure under CPL 240.45. Accordingly, I would reverse the order of the Appellate Division affirming the denial of defendant’s CPL 440.10 motions and remit for a hearing as to whether the undisclosed material was the "duplicative equivalent” of other material that was timely disclosed. I note that in this case and in People v Johnson (85 NY2d 1019 [decided herewith]), the prosecution had given the defense the OCME autopsy…