Legal Opinion
Martinez v. State
New York Court of Claims
Decided June 14, 1985No. Claim No. 67736PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
It is well settled that a defendant in a criminal proceeding is entitled to examine exculpatory material in the possession of the District Attorney. (See, Brady v Maryland, 373 US 83; CPL 240.20 [1] [g].) The issue before this court is whether a victim, for use in a civil proceeding, is entitled to disclosure of notes made by an Assistant District Attorney in connection with a criminal investigation.
In this action for wrongful death against the State of New York, claimant, Arlene Martinez, seeks discovery of certain documents within the control of…
2Cases cited12 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. NixonSupreme Court of the United States · 1974
- Cirale v. 80 Pine Street Corp.New York Court of Appeals · 1974
- Brady v. Ottaway Newspapers, Inc.New York Court of Appeals · 1984
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1973
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3Cited by1 opinion
- Thompson v. Lynbrook Police DepartmentDistrict Court, E.D. New York · 1997