Case Detail
CitationDiSimone v. Phillips, 461 F.3d 181 (2d Cir. 2006)
Pros. First NameValerie
Pros. Last NameLivingston
Trial Year2000
BodyAppeals court
OpinionAfter the Second Circuit Court of Appeals granted the defendant's federal habeas relief for Brady violations, the New York Supreme Court, Westchester County, held that Brady violations were not so egregious to warrant a dismissal of the indictment, and the appropriate remedial relief for the Brady violations was a retrial. "[T]he Second Circuit [Court of Appeals] agreed with defendant that the information contained in the affidavit of Luvic Gjonaj regarding a statement made by Nick Djonovic that he stabbed the victim two times before defendant allegedly stabbed the victim constituted Brady material. The Second Circuit further found that there was a 'reasonable probability' that had such exculpatory information been disclosed to the defense, 'the case would have been different,' and that if neither the defendant nor his attorney knew of, or had constructive knowledge of, the information then it had not been disclosed 'in sufficient time to afford the defense an opportunity for use' . . . The sole basis for the vacatur of defendant's conviction for depraved indifference murder was the People's breach of the obligation to disclose exculpatory material. The Second Circuit has ruled that the appropriate remedial relief is a retrial, and this Court finds no reason to deviate from that conclusion."
Determination Year2006
Misconduct TypePT: Brady
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
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