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PEOPLE v. HEARNS

33 A.D.3d 722 (2006)

821 N.Y.S.2d 907

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY HEARNS, Appellant.

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

Decided October 10, 2006.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not entitled to any relief based on the failure of the People to turn over alleged Brady material (see Brady v Maryland, 373 U.S. 83 [1963]). To be deemed Brady material, the material must be exculpatory and within the possession, custody, or control of the prosecution (see People v Carnett, 19 A.D.3d 703...

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