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MATTER OF JOHNSON v. BRANDVEEN

160 A.D.2d 668 (1990)

In the Matter of Robert T. Johnson, as District Attorney of Bronx County, on Behalf of The People of the State of New York, Petitioner, v. Antonio Brandveen, Respondent, et al., Defendant

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

April 26, 1990

Defendant's application for the production of a photograph of the 15-year-old kidnapping and rape victim does not come within the scope of CPL 240.20 and, despite defendant's claim of a prior relationship with the complainant, we discern no theory under which this item, which does not even exist, constitutes exculpatory material (see, Brady v Maryland, 373 U.S. 83) or the prior statement...

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