Case Detail
CitationPeople v. Richard, 817 N.Y.S.2d 698 (N.Y. App. Div. 2006)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not deprived of a fair trial as result of the prosecution's failure to timely disclose Brady material. "The conceded Brady violation did not deprive defendant of a fair trial. When County Court (Herrick, J.) discovered, on the day set for trial, that the People had not disclosed grand jury testimony of one codefendant which the court deemed exculpatory, it postponed the trial for several weeks to permit defendant to locate and interview the codefendant, then plan trial strategy accordingly. To establish deprivation of his fair trial rights, defendant must demonstrate prejudice flowing from the Brady violation [citation omitted]. Reversal is not required where the defendant had an opportunity to use the improperly-withheld material [citation omitted]. Defendant did not allege at trial, or on appeal, that he could not locate the codefendant or secure his exculpatory testimony. Even if the codefendant were unavailable, defendant could have attempted to introduce his grand jury testimony if it were truly exculpatory and carried sufficient indicia of reliability [citations omitted]. Because he had an opportunity to cure the Brady violation but made no attempt to use the withheld material, reversal is not required."
Determination Year2006
Misconduct TypeP
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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