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PEOPLE v. HAYES

No. 79

17 N.Y.3d 46 (2011)

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

Court of Appeals of New York.

Decided May 10, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( John Schoeffel and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Gina Mignola and AmyJane Rettew of counsel), for respondent.

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

OPINION OF THE COURT

JONES, J.

This appeal presents two issues for our review. First, whether the failure of the police to interview witnesses after overhearing two potentially exculpatory statements constituted a Brady violation. Second, whether defendant was improperly precluded during cross-examination from challenging the adequacy of the police investigation.

I

It is undisputed that in the early morning of August 8, 2004, Charles...

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