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PEOPLE v. STERN

270 A.D.2d 118 (2000)

704 N.Y.S.2d 569

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLAN STERN, Appellant.

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

Decided March 16, 2000.

Defendant's motion to vacate judgment was properly denied. The ballistics and serology documents concerning tests conducted on a certain vehicle found two days after the murder of the victim were not Brady material (Brady v Maryland, 373 U.S. 83) because they were not in the People's possession (People v Vilardi, 76 N.Y.2d 67, 73). On the contrary, the documents were in the possession...

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