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PEOPLE v. DUKES

156 A.D.2d 203 (1989)

The People of the State of New York, Respondent, v. Kenneth Dukes, Appellant

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

December 12, 1989

Defendant's motion for disclosure of the Grand Jury minutes of defendant's potential alibi witnesses was properly denied. As to defendant's argument that the minutes were exculpatory under Brady v Maryland (373 U.S. 83 [1963]), there can be no withholding or suppression of exculpatory evidence where, as here, the defendant knows the witnesses and is aware of the nature of their testimony. (See, People v Washington,

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