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PEOPLE v. HAYES

1700, 4407/04.

72 A.D.3d 441 (2010)

901 N.Y.S.2d 154

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH HAYES, Appellant.

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

Decided April 6, 2010.

The People did not violate their disclosure obligations under Brady v Maryland (373 U.S. 83 [1963]), and defendant is not entitled to dismissal of the indictment on the ground that exculpatory material was permanently lost or destroyed by the police. Defendant raised a justification defense in connection with his stabbing of another patron at a crowded movie theater. Shortly before trial, the prosecutor informed defense counsel that...

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