People v. Ramos

*169OPINION OF THE COURT

Gerald Sheindlin, J.

Following a trial by jury, defendant was convicted of robbery in the first degree (Penal Law § 160.15 [4]). The defendant moves, pursuant to CPL 330.30 (1); 330.40 (1); and 330.50, to set aside the verdict on the grounds that the prosecutor failed to turn over Brady material, to wit, the criminal record of a witness, Adolfo Guzman. The issue presented here, apparently one of first impression, is whether a defense counsel must make a specific request for Brady material in order to invoke the United States v Agurs class II standard, after the prosecutor…