Legal Opinion

People v. Garcia

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2007PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Steven Lloyd Barrett, *462J.), entered November 2, 2006, which granted defendants’ CPL 440.10 motions to vacate judgments, rendered November 15, 2002, convicting defendants, after a jury trial, of kidnapping in the second degree and endangering the welfare of a child, and imposing sentence, unanimously affirmed.

The court correctly found that the People violated their obligation to turn over material favorable to the defense (see Brady v Maryland, 373 US 83 [1963]) and that defendants were thereby prejudiced. The court properly found that the prosecution…

2Cases cited10 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Banks v. DretkeSupreme Court of the United States · 2004
  3. People v. VilardiNew York Court of Appeals · 1990
  4. Sami Leka v. Leonard A. Portuondo, Superintendent, Shawangunk Correctional FacilityCourt of Appeals for the Second Circuit · 2001
  5. United States v. John GilCourt of Appeals for the Second Circuit · 2002

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3Cited by1 opinion

  1. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2011

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