Case Detail
CitationPeople v. Waters, 941 N.Y.S.2d 482 (N.Y. Sup. Ct. 2012)
Pros. First NameJason
Pros. Last NamePetri
Trial Year2011
BodyTrial court
OpinionThe New York Supreme Court, Bronx County, held that information that a witness changed his story constituted exculpatory evidence, and an additional pre–trial hearing, additional discovery, and a new trial was the appropriate remedy. "The prosecutor's contention that his failure to disclose was “motivated by an intent to secure defendant's conviction” clearly indicates that he believed that the information would be favorable to the accused. Moreover, the disclosure of [witness] Mr. Baker's statement to his probation officer at a time when the prosecutor knew but failed to disclose that Mr. Baker's trial testimony would be diametrically opposed to that statement can only be taken as an attempt to mislead the defendant. The prosecutor's conduct constitutes more than a mere failure to disclose; it amounts to an affirmative act of deceit."
Determination Year2012
Misconduct TypeP
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
Web linkN/A