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PEOPLE v. McGHEE

6041/11.

180 A.D.3d 26 (2019)

116 N.Y.S.3d 206

2019 NY Slip Op 09116

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRIN McGHEE, Appellant.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Ben A. Schatz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David P. Stromes and Patrick J. Hynes of counsel), for respondent.

SWEENY, J.P., OING and SINGH, JJ., concur with MAZZARELLI, J.; TOM, J., dissents in a separate opinion.

OPINION OF THE COURT

"`The Brady rule is based on the requirement of due process,' and `[i]ts purpose is not to displace the adversary system as the primary means by which truth is uncovered,' but to ensure that the accused receives a fair trial" (People v Garrett, 23 N.Y.3d 878...

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