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PEOPLE v. DAVIS

81 N.Y.2d 281 (1993)

The People of the State of New York, Respondent, v. Alfred Davis, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1993.

Attorney(s) appearing for the Case

Emily D. Troxell, New York City, Ira Mickenberg and Neal Gerber & Eisenberg of the Illinois Bar, admitted pro hac vice, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (James M. McGuire and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE and HANCOCK, JR., concur; Judge SMITH taking no part.

BELLACOSA, J.

The crux of the case against defendant, who was convicted of assault and robbery following a jury trial, was the accuracy of the victim's identification. The dispositive issue on this appeal, here by leave of a Judge of this Court, is a claimed Brady violation consisting of failure of the prosecution to turn over requested potentially exculpatory material (Brady v Maryland,

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