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PEOPLE v. SANCHEZ

257 A.D.2d 451 (1999)

683 N.Y.S.2d 524

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN SANCHEZ, Appellant.

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

Decided January 14, 1999.

Defendant's motion to set aside the verdict on grounds of alleged violation of Brady v Maryland (373 U.S. 83) as well as newly discovered evidence was properly denied. The 14-year-old out-of-State misdemeanor conviction record of the complainant was not in the People's possession at the time of trial and they were not required to affirmatively seek it out. Therefore, the People cannot be faulted for a failure to disclose such record...

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