People v. Jackson

OPINION OF THE COURT

Joseph Slavin, J.

Defendant has moved to vacate his judgment of conviction on the ground that the failure to supply defense counsel with certain documents constituted a violation of his constitutional rights under Brady v Maryland (373 US 83). Prior to the commencement of hearings herein, the court informed both sides that it would also consider defendant’s claims as being made pursuant to People v Rosario (9 NY2d 286, cert denied 368 US 866).

In the middle of the hearings, the prosecutor conceded that a memorandum dated March 26, 1979 discovered by the court *854in its…