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PEOPLE v. HART

43 A.D.3d 722 (2007)

844 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZEBADIAH HART, Appellant.

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

Decided September 20, 2007.

The motion court properly denied those portions of defendant's CPL 440.10 motion asserting violations of Brady v Maryland (373 U.S. 83 [1963]). The People failed to disclose a wiretapped conversation that occurred prior to the crime at issue, in which persons unconnected to defendant plotted to kill the victim. However, this tape's exculpatory value was completely negated by another taped conversation...

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