PEOPLE v. PACHECO

1136, 6695/05.

66 A.D.3d 434 (2009)

887 N.Y.S.2d 19

2009 NY Slip Op 7196

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL PACHECO, Appellant.

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

Decided October 8, 2009.


The court properly exercised its discretion in denying defendant's mistrial motion based on the prosecutor's alleged concealment of evidence. At the outset, we note that the evidence was neither exculpatory nor discoverable under CPL article 240. Defendant nevertheless claims that the prosecutor unfairly misled defense counsel into believing that certain evidence that would refute defendant's defense did not exist, and that the prosecutor failed to correct that misimpression...

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