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PEOPLE v. CLAUSELL

182 A.D.2d 132 (1992)

The People of the State of New York, Appellant, v. Donnell Clausell, Respondent

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

August 31, 1992

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens (Andrew Zwerling of counsel), for appellant.

Leventhal & Bornstein, Garden City (Brad A. Leventhal and Kenneth Bornstein of counsel), for respondent.

EIBER and MILLER, JJ., concur with LAWRENCE, J.; MANGANO, P. J., dissents and votes to reverse the order appealed from, to deny the defendant's motion, and to reinstate the jury verdict in an opinion.

LAWRENCE, J.

The question to be decided on this appeal is whether the defendant is entitled to a new trial on the ground that the prosecution violated his right to due process by withholding specifically requested Brady material from the defense (see, Brady v Maryland, 373 U.S. 83). In our view, this question must be answered in the affirmative.

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