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PEOPLE v. PANNELL

3 A.D.3d 541 (2004)

770 N.Y.S.2d 737

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES PANNELL, Appellant.

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

January 20, 2004.

Ordered that the judgment is affirmed.

The defendant was not denied due process by the People's failure to disclose the minutes of the complainant's grand jury testimony before the pretrial suppression hearing, because the undisclosed testimony that the complainant did not identify the defendant at the scene of the crime, even if true, would not have materially affected the outcome of the hearing (see Brady v Maryland, 373 U.S. 83

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