Case Detail
CitationPeople v. Monroe, 793 N.Y.S.2d 276 (N.Y. App. Div. 2005)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that a police report relating to arguments the victim had with a gas station attendant several months after events on trial was Brady material which the prosecution was required to disclose to the defendant, but the defendant was not deprived of fair trial as result of prosecution's failure to timely disclose it. "Defendant is not entitled to a reversal despite the People's Brady violation. The subject material was Brady material because it affected the credibility of a key prosecution witness, and failure to disclose it constituted a Brady violation [citations omitted]. Defendant was given a meaningful opportunity to use the exculpatory information, however, when County Court permitted the defense to recall the prosecution witness immediately prior to summations for the purpose of impeachment [citations omitted]. This procedure placed defendant in an arguably better position in that the final proof submitted to the jury was testimony that cast doubt upon the character of the chief prosecution witness."
Determination Year2005
Misconduct TypeP
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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