People v. Fuentes
| Decision Date | 05 February 2008 |
| Docket Number | 2006-02844. |
| Citation | 851 N.Y.S.2d 628,2008 NY Slip Op 01165,48 A.D.3d 479 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE FUENTES, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant moved for a mistrial on the ground that the People failed to disclose a certain document in violation of Brady v Maryland (373 US 83 [1963]). However, even assuming that the document at issue constituted Brady material, the Supreme Court did not err in denying the defendant's motion. While the People unquestionably have a duty to disclose exculpatory material in their control, a defendant's constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People's witnesses or as evidence during his case (see People v Cortijo, 70 NY2d 868, 870 [1987]; People v Myron, 28 AD3d 681 [2006], cert denied 549 US ___, 127 S Ct 1919 [2007]).
The defendant's remaining contentions are without merit.
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Fuentes v. Griffin
...exculpatory material to cross-examine the People's witnesses or as evidence during his case ....” People v. Fuentes , 48 A.D.3d 479, 479, 851 N.Y.S.2d 628, 628 (2d Dep't 2008), aff'd on other grounds , 12 N.Y.3d 259, 879 N.Y.S.2d 373, 907 N.E.2d 286 (2009).The New York Court of Appeals, in ......
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