People v. Howard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
The issue is whether, on defendant's motion under CPL 440.10, the prosecutor's failure to disclose certain material to the defense requires vacatur of the judgment of conviction, under the principles expressed in Brady v Maryland (373 US 83) and People v Rosario (9 NY2d 286, cert denied 368 US 866). On review of the entire record with respect to each of the documents, we find that there was no Brady violation and, applying the statutory standard in CPL 440.10, the motion to vacate was properly denied.
This was a murder case, which was tried twice, the first trial…
2Cases cited27 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- Giglio v. United StatesSupreme Court of the United States · 1972
- United States v. AgursSupreme Court of the United States · 1976
- People v. RosarioNew York Court of Appeals · 1961
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3Cited by21 opinions
- People v. JacksonNew York Court of Appeals · 1991
- In re Gina C.Appellate Division of the Supreme Court of the State of New York · 1988
- Fernandez v. CapraCourt of Appeals for the Second Circuit · 2019
- People v. SimondsAppellate Division of the Supreme Court of the State of New York · 1988
- People v. WahadAppellate Division of the Supreme Court of the State of New York · 1990
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