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PEOPLE v. GARRETT

No. 133

23 N.Y.3d 878 (2014)

18 N.E.3d 722

994 N.Y.S.2d 22

2014 NY Slip Op 4876

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARK GARRETT, Respondent.

Court of Appeals of New York.

Decided June 30, 2014.

Attorney(s) appearing for the Case

Thomas J. Spota , District Attorney, Riverhead ( Anne E. Oh of counsel), for appellant.

Feldman & Feldman, Uniondale ( Steven A. Feldman and Arza Feldman of counsel), for respondent.

Kathleen M. Rice , White Plains, Steven A. Bender , William C. Milaccio , Richard Longworth Hecht , Maryanne Luciano and Tammy J. Smiley , Mineola, for District Attorneys Association of the State of New York, amicus curiae.

Judges GRAFFEO, READ and PIGOTT concur with Judge ABDUS-SALAAM; Chief Judge LIPPMAN concurs in result in an opinion in which Judges SMITH and RIVERA concur; Judge SMITH in a separate concurring opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

ABDUS-SALAAM, J.

Defendant Mark Garrett was convicted after trial of two counts of murder in the second degree for killing a 13-year-old girl. The evidence against defendant included his confession, which he maintained was false and had been coerced by police. In this appeal, we are asked to determine whether the People committed a constitutional violation (see Brady v Maryland, 373 U.S. 83 [1963...

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