Case Detail
CitationPeople v. Nelson, 882 N.Y.S.2d 91 (N.Y. App. Div. 2009)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2007
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that there was no reasonable possibility that the People's nondisclosure of a prior inconsistent statement made by the cooperating former codefendant, in violation of Brady, contributed to the verdict. "Although the People were obligated to disclose a prior inconsistent statement made by the cooperating former codefendant [citation omitted], there is no reasonable possibility that the nondisclosure contributed to the verdict [citations omitted]. The inconsistency was limited to the precise manner in which the codefendant, while acting in concert with defendant, obtained the victim's wallet. However, impeachment of the codefendant by this inconsistency would have been cumulative, since the jury was made aware of a much more damaging inconsistent statement he made to the police, as well as the fact that he was testifying under a cooperation agreement. Furthermore, the codefendant's testimony, in turn, was cumulative to that of the victim, whose credible testimony established defendant's guilt beyond a reasonable doubt."
Determination Year2009
Misconduct TypeP
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020090630327