People v. Farrell

*993OPINION OF THE COURT

Charles A. Kuffner, Jr., J.

Defendant has brought this postjudgment motion pursuant to CPL 440.10 (1) (f) to set aside his conviction of manslaughter in the first degree and for an order directing a new trial because of prosecutorial misconduct. The claimed prejudice is allegedly the prosecutor’s omission to provide trial counsel with an audiotape that formed the basis of the Medical Examiner’s autopsy report. Counsel for the Office of the Chief Medical Examiner of the City of New York has made application to appear amicus curiae, which application is granted.

Defendant was…