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PEOPLE v. RONG HE

No. 75.

34 N.Y.3d 956 (2019)

135 N.E.3d 1081

112 N.Y.S.3d 1

2019 NY Slip Op 07477

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONG HE, Appellant.

Court of Appeals of New York.

Decided October 17, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , Appellate Advocates, New York City, for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Seth M. Lieberman , Leonard Joblove , Victor Barall and Jill Oziemblewski of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

In Brady v Maryland, the United States Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution...

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