People v. Clausell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lawrence, J.
The question to be decided on this appeal is whether the defendant is entitled to a new trial on the ground that the prosecution violated his right to due process by withholding specifically requested Brady material from the defense (see, Brady v Maryland, 373 US 83). In our view, this question must be answered in the affirmative.
In a two-count indictment, the defendant was charged with criminal possession of a controlled substance in the fourth and seventh degrees, arising out of events which allegedly occurred on November 24, 1989. At the Mapp hearing, held…
2Cases cited8 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- People v. VilardiNew York Court of Appeals · 1990
- People v. GoodfriendNew York Court of Appeals · 1984
- People v. CwiklaNew York Court of Appeals · 1979
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3Cited by12 opinions
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 1995
- People v. PonnapulaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2004
- People v. FyffeAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ShakurNew York Supreme Court · 1996
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