People v. Garrett

Chief Judge Lippman

(concurring). I concur on the ground that the impeachment evidence at issue is not material under Brady v Maryland (373 US 83 [1963]). In light of that conclusion, there is no need to reach the question of whether the evidence was suppressed. However, since the majority resolves both of these prongs in the People’s favor, I write separately to express my belief that Detective O’Leary’s knowledge of the allegations pending against him in the federal lawsuit should be imputed to the People.

The majority’s determination that the evidence was not suppressed relies on the…