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PEOPLE v. BRYCE

88 N.Y.2d 124 (1996)

666 N.E.2d 221

643 N.Y.S.2d 516

The People of the State of New York, Respondent, v. Blaine P. Bryce, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1996.

Attorney(s) appearing for the Case

Charles J. Wilcox, Troy, for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (John E. Maney of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

Defendant appeals from an order of the Appellate Division which denied without a hearing his motion pursuant to CPL 440.10 to set aside a judgment convicting him of murder in the second degree. He alleged several grounds for relief but we find merit only in his allegation that the People failed to preserve and deliver Brady material to him before trial after assuring him they would do so. Accordingly...

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