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PEOPLE v. COLLINS

250 A.D.2d 379 (1998)

673 N.Y.S.2d 76

The People of the State of New York, Appellant, v. Vance Collins, Respondent

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

May 5, 1998

While we agree with the People that they had no affirmative duty to ascertain whether the complainant in the underlying case had a psychiatric history and that they thus committed no Brady violation in failing to provide defendant with the complainant's psychiatric records (see, People v Sealey, 239 A.D.2d 864), we conclude that the motion to vacate judgment was properly granted on the ground of newly discovered evidence...

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