Legal Opinion

People v. Stubbs

Rochester City Court

Decided June 24, 1992PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John R. Schwartz, J.

The issue here is what sanctions should be imposed upon *793the prosecution of this action as a result of the failure to give a police report to the defendant and the deliberate destruction of potential Brady material (Brady v Maryland, 373 US 83) by an investigating police officer. Should the court order a new trial or dismiss the charges outright?

On October 31, 1990, Richard Van Epps was severely beaten as he was "trick-or-treating” on this Halloween night with two of his friends on a residential street in the City of Rochester, New York. A month later,…

2Cases cited9 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. VilardiNew York Court of Appeals · 1990
  3. People v. KellyNew York Court of Appeals · 1984
  4. People v. SimmonsNew York Court of Appeals · 1975
  5. People v. SaddyAppellate Division of the Supreme Court of the State of New York · 1981

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3Cited by1 opinion

  1. People v. JacksonNew York Supreme Court · 1995

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