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PEOPLE v. WALLOE

Nos. 5762, 3263/07.

88 A.D.3d 544 (2011)

931 N.Y.S.2d 48

2011 NY Slip Op 7294

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASIRI WALLOE, Appellant.

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

Decided October 18, 2011.

The People did not violate their disclosure obligations under Brady v Maryland (373 U.S. 83 [1963]), and defendant is not entitled to reversal on the ground that the prosecution failed to acquire an allegedly exculpatory surveillance tape possessed by a private party. The tape was in the exclusive possession of a bar, and it was never in the People's possession or control. Therefore, whether...

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