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PEOPLE v. WILLIAMS

7 N.Y.3d 15 (2006)

849 N.E.2d 962

816 N.Y.S.2d 739

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD WILLIAMS, Appellant.

Court of Appeals of New York.

Decided May 11, 2006.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Brian W. Stull, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mary C. Farrington and Eleanor J. Ostrow of counsel), for respondent.

Judges ROSENBLATT, GRAFFEO and READ concur with Judge R.S. SMITH; Judge G.B. SMITH dissents in part and votes to modify in a separate opinion in which Chief Judge KAYE and Judge CIPARICK concur.

OPINION OF THE COURT

R.S. SMITH, J.

During defendant's trial, the court became aware that a Brady violation had occurred at a pretrial suppression hearing, when the People failed to disclose facts harmful to the credibility of their only witness. The trial court ordered a new suppression hearing, at which defendant was allowed to attack the witness's credibility with the newly-disclosed evidence, and the People were allowed to call another witness...

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