Legal Opinion
People v. Walloe
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 11 opinions
1Opinion of the Court
The People did not violate their disclosure obligations under Brady v Maryland (373 US 83 [1963]), and defendant is not entitled to reversal on the ground that the prosecution failed to acquire an allegedly exculpatory surveillance tape possessed by a private party. The tape was in the exclusive possession of a bar, and it was never in the People’s possession or control. Therefore, whether exculpatory or not, it did not constitute Brady material (see People v Brock, 246 AD2d 406 [1998], lv denied 91 NY2d 940 [1998]). Although a police officer viewed the tape and requested a copy, he did not…
2Cases cited4 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. HayesNew York Court of Appeals · 2011
- People v. SkaarAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BrockAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by11 opinions
- Johnson v. SackettAppellate Division of the Supreme Court of the State of New York · 2013
- In re Jayshawn B.New York City Family Court · 2013
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PalmerAppellate Division of the Supreme Court of the State of New York · 2016
- People v. TurnerAppellate Division of the Supreme Court of the State of New York · 2014
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