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PEOPLE v. KING

44 A.D.3d 366 (2007)

843 N.Y.S.2d 224

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES KING, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES DARGAN, Appellant.

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

Decided October 9, 2007.

The prosecutor had a duty to disclose its witness's cooperation agreement made in connection with a Westchester County case. However, there was not even a reasonable possibility that the nondisclosure contributed to the verdict (see People v Vilardi, 76 N.Y.2d 67, 77 [1990]). The jury heard evidence that the witness's testimony in this case helped him escape the death penalty in a federal case. That the witness was also receiving...

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