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PEOPLE v. RHODES

154 A.D.2d 279 (1989)

The People of the State of New York, Respondent, v. Stanley Rhodes, Appellant

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

October 24, 1989

Defendant contends that, pursuant to Brady v Maryland (373 U.S. 83), the fact that the People's eyewitness was only nine years old should have been disclosed prior to trial as exculpatory material (People v Cwikla, 46 N.Y.2d 434). The theory advanced by defendant necessarily intimates that the court should entertain the presumption that any testimony given by a child of nine is inherently unreliable...

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