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PEOPLE v. MARTINAJ

56 A.D.3d 349 (2008)

867 N.Y.S.2d 422

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v BERNARDO MARTINAJ, Appellant.

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

November 20, 2008.

In July, 2005, defendant moved in Supreme Court, pursuant to CPL 440.10 (1) (b), (c), (g) and (h), for an order vacating the judgment of conviction. In support of the motion, defendant argued that contrary to their obligations under Brady v Maryland (373 U.S. 83 [1963]), the People failed to disclose exculpatory material consisting of a police complaint follow-up report (form DD5) reciting the statement of an uncalled witness, as well...

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