People v. Anderson

OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who has been *580charged with murder in the second degree, pursuant to CPL 240.20 (1) (h),1 for discovery of the Grand Jury testimony of a prosecution witness whom the defendant intends to call at a suppression hearing.

That subdivision provides for discovery of "[ajnything required to be disclosed, prior to trial, to the defendant by the prosecutor, pursuant to the constitution of this state or of the United States” (CPL 240.20 [1] [h]), which refers to Brady material (Brady v Maryland, 373 US 83; see, People v Cesar…