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PEOPLE v. ALONSO

No. 72.

16 N.Y.3d 581 (2011)

949 N.E.2d 471

925 N.Y.S.2d 380

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT ALONSO and EMILIA ALONSO, Respondents.

Court of Appeals of New York.

Decided May 3, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Roseann B. MacKechnie , and Barbara D. Underwood , of counsel), for appellant.

Diane E. Selker , Peekskill, for respondents.

Derek P. Champagne , District Attorney, Malone ( Patrick J. Hynes , and Sara M. Zausmer , of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Judges CIPARICK, GRAFFEO, READ and PIGOTT concur with Chief Judge LIPPMAN; Judge JONES dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Several months into a criminal trial on charges related to alleged Medicaid fraud, Supreme Court determined that the People had failed to meet their obligation to disclose exculpatory evidence pursuant to Brady v Maryland (373 U.S. 83 [1963]). Supreme Court found that the constitutional violation was of such a magnitude that...

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