People v. Rhodes

— Judgment of the Supreme Court, New York County (Martin H. Rettinger, J.), rendered March 18, 1985, convicting defendant, after a jury trial, of two counts of murder in the second degree and sentencing him to an indeterminate sentence of 25 years to life, unanimously affirmed.

Defendant contends that, pursuant to Brady v Maryland (373 US 83), the fact that the People’s eyewitness was only nine years old should have been disclosed prior to trial as exculpatory material (People v Cwikla, 46 NY2d 434). The theory advanced by defendant necessarily intimates that the court should entertain the…