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PEOPLE v. VILARDI

76 N.Y.2d 67 (1990)

The People of the State of New York, Appellant, v. Antonio Vilardi, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1990.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney (Seth M. Lieberman and Jay M. Cohen of counsel), for appellant.

Alan Scribner and Larry Bronson for respondent.

Judges ALEXANDER, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge SIMONS concurs in a separate opinion in which Chief Judge WACHTLER and Judge BELLACOSA concur.

KAYE, J.

This appeal calls upon us to determine the effect to be given to the People's failure, in an arson prosecution, to disclose a report prepared by its explosives expert that had been specifically sought by defendant in his discovery request. More particularly, we must decide whether the standard of United States v Bagley (473 U.S. 667) should be adopted as a matter...

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