PEOPLE v. HOWARD


127 A.D.2d 109 (1987)

The People of the State of New York, Respondent, v. Henry Howard, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 8, 1987


Attorney(s) appearing for the Case

Bennett L. Gershman (Murray S. Bank with him on the brief; Murray, Bank & Sheer, attorneys), for appellant.

Mark Cammack of counsel (Susan Corkery with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SANDLER, J. P., ROSS, ASCH and WALLACH, JJ., concur.


KASSAL, J.

The issue is whether, on defendant's motion under CPL 440.10, the prosecutor's failure to disclose certain material to the defense requires vacatur of the judgment of conviction, under the principles expressed in Brady v Maryland (373 U.S. 83) and People v Rosario (9 N.Y.2d 286, cert denied 368 U.S. 866). On review...

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