PEOPLE v. McCUTHEON

7985, 5892/06, 3323/07.

96 A.D.3d 580 (2012)

946 N.Y.S.2d 570

2012 NY Slip Op 4944

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREEM McCUTHEON, Appellant.

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

June 19, 2012.


The hearing court denied suppression after crediting police testimony about the circumstances leading to the recovery of pistol in the course of the stop of a livery cab in which defendant was a passenger. However, the People failed to disclose grand jury testimony by the cab driver that materially contradicted the police account of the incident. A defendant is entitled to disclosure of favorable "evidence of a material nature which if disclosed could affect the ultimate...

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