People v. Garcia
Appellate Division of the Supreme Court of the State of New York
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
- Brady v. MarylandSupreme Court of the United States · 1963
- Banks v. DretkeSupreme Court of the United States · 2004
- People v. VilardiNew York Court of Appeals · 1990
- Sami Leka v. Leonard A. Portuondo, Superintendent, Shawangunk Correctional FacilityCourt of Appeals for the Second Circuit · 2001
- United States v. John GilCourt of Appeals for the Second Circuit · 2002
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3Cited by1 opinion
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2011