People v. Washington

OPINION OF THE COURT

Nicholas Figueroa, J.

On March 24, 1999, this court heard reargument on its denial of defendant’s CPL 440.10 motion (sub nom. People v Bell, 179 Misc 2d 410 [edited for publication]), in which defendant sought to vacate his 1975 murder convictions based upon nondisclosure of Rosario (People v Rosario, 9 NY2d 286 [1961]) and Brady material (Brady v Maryland, 373 US 83 [1963]). The thrust of defendant’s reargument is that this court applied an incorrect standard in assessing the prosecution’s failure to disclose a cooperation agreement with its witness, Jacqueline Tabb. To…