People v. Vilardi

I, too, would affirm because the evidence should have been turned over to defendant. I write separately, however, because I do not agree with the majority’s standard for determining materiality based on the nature of the defendant’s request. I agree with the Supreme Court that exculpatory evidence is either material to guilt or not material; it does not become more so because of the form of the defendant’s request for it. Because I can find no reason to construe our State Constitution’s Due Process Clause in a way different from the Due Process Clauses in the Federal Constitution, I would…