People v. Bin Wahad
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Bruce Allen, J.
The postconviction issue now presented in this extraordinary case, which has been in various forms of litigation for more than 20 years, is a deceptively simple one: has the defendant demonstrated that there is a reasonable possibility his guilty verdict would have been different if certain Rosario material had been available at trial? For the reasons set forth below, the answer to this question is "yes”, and the defendant is therefore entitled to a new trial.
Procedural History
In 1973, the defendant was convicted of two counts of attempted murder and one…
2Cases cited10 opinions
- People v. RosarioNew York Court of Appeals · 1961
- People v. VilardiNew York Court of Appeals · 1990
- People v. ConsolazioNew York Court of Appeals · 1976
- People v. NovoaNew York Court of Appeals · 1987
- People v. JonesNew York Court of Appeals · 1987
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3Cited by2 opinions
- People v. WashingtonNew York Supreme Court · 1999
- People v. WahadAppellate Division of the Supreme Court of the State of New York · 1994