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PEOPLE v. McCLAIN

2006-05156.

2008 NY Slip Op 06216

THE PEOPLE, ETC., respondent, v. RODERICK McCLAIN, appellant.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Steven Banks, New York, N.Y. (Susan Epstein of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Cafferri, and Ushir Pandit of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., EDWARD D. CARNI, WILLIAM E. McCARTHY, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, there was no Brady violation (see Brady v. Maryland, 373 U.S. 83) in this case. Brady does not require that a prosecutor "supply a defendant with evidence when the defendant knew of, or should reasonably have known of, the evidence and its exculpatory nature" (People v. Doshi, 93...

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