Case Detail
CitationPeople v. Phillips, 865 N.Y.S.2d 787 (N.Y. App. Div. 2008)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2007
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the Brady violation resulting from the People's failure to disclose that the victim's mother was under investigation for drug-related offenses was not reversible error. "We find no merit in defendant's claim that County Court erred by denying his CPL 440.10 motion on the ground that he was substantially prejudiced by the People's failure to timely disclose Brady material. While a Brady violation occurs when the People fail to turn over material that could be used to impeach the credibility of a crucial prosecution witness [citations omitted], reversal is required only where there is a 'reasonable possibility' that the disclosure of such material would have produced a different result at trial [citations omitted]. Here, the People failed to disclose that victim A's mother, who testified for the prosecution, was under investigation for drug-related offenses at the time of defendant's trial. However, even if this witness could be deemed to be crucial, her credibility was already blemished in that she admitted on direct examination that she was convicted of assault and twice convicted of possessing crack cocaine, and she also admitted to having a drug abuse problem for which she planned to enter a rehabilitation program. Thus, although the information regarding the drug investigation may have provided the defense with additional impeachment material, it cannot be said that there is a reasonable possibility that the result at trial would have been different had the information been disclosed prior thereto [citations omitted]."
Determination Year2008
Misconduct TypeP
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
Web link