IN RE U.S.

Docket No. 01-3031.

267 F.3d 132 (2001)

In re UNITED STATES of America, Petitioner. United States of America, v. Frank Coppa, Sr., Ernest Montevecchi, a/k/a/ Butch, Daniel Persico, Jack Basile, Rocco Basile, Larry Berman, John Cioffoletti, John Doukas, Walter Durchalter, a/k/a Dutch, Edward Garafola, Daniel Lev, Eugene Lomabardo, Edmond Nagel, Alfred Palagonia, Aleks Paul, Joseph Polito, Sr., Lawrence Ray, Abraham Salaman, and Giuseppe Temperino, a/k/a Joseph Temperino, Defendants-Respondents, New York Council of Defense Lawyers, National Association of Criminal Defense Lawyers, and New York State Association of Criminal Defense Lawyers, Amici Curiae.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: October 5, 2001.


Attorney(s) appearing for the Case

Eric Corngold, Assistant United States Attorney (Cecil C. Scott, Assistant United States Attorney, of counsel; Loretta E. Lynch, United States Attorney, on the brief), Office of the United States Attorney for the Eastern District of New York, Brooklyn, NY, for Petitioners.

Jay Goldberg, (Andrew Weinstein, Jeffrey Lichtman, Joseph Bondy, Larry Bronson, of counsel), New York, NY, for Defendants Respondents.

John H. Doyle, III, (Victor J. Rocco, of counsel), New York, NY, for Amicus Curiae, New York Council of Defense Lawyers.

Diarmuid White (Joshua L. Dratel, of counsel), New York, NY, for Amici Curiae, National Association of Criminal Defense Lawyers and The New York State Association of Criminal Defense Lawyers.

Before: NEWMAN and CABRANES, Circuit Judges, and UNDERHILL, District Judge.


JOSÉ A. CABRANES, Circuit Judge:

The government's obligations under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), are seemingly well-established. The prosecution has a constitutional duty to disclose evidence favorable to an accused when such evidence is material to guilt or punishment. See Brady, 373 U.S. at 87, 83 S.Ct. 1194. This duty covers not...

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