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PEOPLE v. ULETT

2011-00577, 2015-01207. Ind. No. 7624/09.

153 A.D.3d 945 (2017)

60 N.Y.S.3d 396

2017 NY Slip Op 06386

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK ULETT, Appellant.

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

Decided August 30, 2017.

Ordered that the judgment and the order are affirmed.

The defendant moved pursuant to CPL 440.10 to vacate his conviction of murder in the second degree on the ground that the People failed to disclose a surveillance video of the lobby of the building outside of which the crime occurred, in violation of Brady v Maryland (373 U.S. 83 [1963]). "To make out a successful Brady claim, a defendant must show that (1) the evidence...

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