Case Detail
CitationPeople v. Irizarry, 24 Misc. 3d 1204(A), 889 N.Y.S.2d 506 (N.Y. Sup. Ct. 2009)
CrimeNon-violent, other
StateNY
Pros. First NameKevin
Pros. Last NameJames
FederalNo
Trial Year2009
BodyTrial court
OpinionThe New York Supreme Court, Kings County held that because the defendants received appropriate remedial action due to Brady violations, their various motions to set aside the verdict or dismiss the charges were denied. "[T]he People failed to disclose the contents of the ballistics envelope, People's exhibit 23, which contained a handwritten statement that the content of that envelope was recovered from defendant Irizarry's pants pocket. Although the prosecutor committed a Rosario violation when the contents of the ballistics envelope was discovered by the deliberating jury, there was no showing that any defendant was substantially prejudiced by the delay in disclosure [citation omitted] and the court exercised its discretion in arriving at an 'appropriate” sanction based upon the circumstances . . . . [I]n the context of the alleged Brady violation, the court discussed the appropriate sanction to be imposed with each of the attorneys. Counsel for the defendant Irizarry requested, and was granted, a mistrial. Counsel for defendants Trujillo and Castillo both requested, and were granted, a substitution of two alternate jurors, and an admonishment to the reconstituted jury, in order to allow their case to be decided by the jury they had selected."
Determination Year2009
Misconduct TypePT: Brady
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://law.justia.com/cases/new-york/other-courts/2009/2009-51258.html