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PEOPLE v. BRIMS

19 A.D.3d 433 (2005)

796 N.Y.S.2d 696

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY LEE BRIMS, JR., Appellant.

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

June 6, 2005.

Ordered that the judgment is affirmed.

It is axiomatic that a prosecutor is under a duty to turn over, upon the request of the defense counsel, evidence favorable to the accused, where the evidence is material either to guilt or punishment (see Brady v Maryland, 373 U.S. 83 [1963]). Here, the contested evidence was nothing more than an innocuous statement that a police officer overheard, devoid of context. Assuming that the evidence...

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