People v. Shakur

OPINION OF THE COURT

Daniel P. FitzGerald, J.

The defendants move under CPL article 440 to vacate their conviction, after a jury trial, of two counts of sexual abuse in the first degree. This motion follows their discovery that a police officer who testified at trial, Craig McKernan, had been suspended from the force for 30 days and put on departmental probation for one year as a result of an off-duty incident that took place in 1991. The defendants claim that the prosecutor’s failure to turn over this information prior to trial prevented them from impeaching McKernan’s credibility at trial,…