People v. Martin

Rosenberger, J. P. (dissenting).

The defendant’s guilty plea should be vacated and the matter remanded for a new Mapp hearing, on the ground that the People failed to disclose Brady material to the defendant prior to his decision to plead guilty.

At the Mapp/Huntley hearing, the sole witnesses were Officers Dwayne Townsend and Rich Rivera, who testified that at *141:10 a.m. on January 21, 1993, they received a tip concerning disorderly conduct in a building at 1975 Bathgate Avenue (a known drug neighborhood). The officers saw the defendant outside the building talking to a woman. Officer Townsend…