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PEOPLE v. BELLO

Ind. No. 508/17. Appeal No. 14626. Case No. 2018-5489.

199 A.D.3d 532 (2021)

156 N.Y.S.3d 206

2021 NY Slip Op 06453

The People of the State of New York, Respondent, v. Leopouldo Bello, Appellant.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Alba R. Morales of counsel) and Debevoise & Plimpton LLP, New York ( Michael McGregor of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Alice Wiseman , of counsel), for respondent.

Concur— Webber, J.P., Kern, González, Mendez, Shulman, JJ.

The court providently exercised its discretion in denying defendant's motion for a dismissal of the indictment or a mistrial with prejudice based on the People's belated disclosure of a videotaped statement by defendant that, among other things, related to defendant's alleged intoxication at the time of the crime. The court properly concluded that this belated disclosure did not violate Brady v Maryland (373 U.S. 83 [1963]). "To establish...

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