People v. Kaba
| Decision Date | 27 January 1992 |
| Citation | 79 N.Y.2d 859,580 N.Y.S.2d 731 |
| Parties | , 588 N.E.2d 766 People v. Kaba (Peter James) |
| Court | New York Court of Appeals Court of Appeals |
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4 cases
- People v. Ramos
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People v. Hansen
... ... , the evidence withheld pertained to Davis's credibility, a collateral issue to the basic one which the Grand Jury had to decide, namely, whether there was "legally sufficient evidence that a crime [had been] committed and reasonable cause to believe that * * * defendant committed it" (People v Kaba, 177 A.D.2d 506, 507, lv denied 79 N.Y.2d 859). The information omitted was not essential to the Grand Jury's responsibility to determine whether a prima facie case existed (see, People v Calbud, Inc., 49 N.Y.2d 389, 396) and, therefore, did not materially affect the Grand Jury's investigation ... ...
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People v. Gray and Dixon
... ... to police authorities, while favorable to Dixon, would not have eliminated a "needless or unfounded prosecution" (People v Valles, 62 N.Y.2d 36, 38, supra), but rather would have "merely raised a question of fact" (People v Perry, 187 A.D.2d 678, 678, lv denied 81 N.Y.2d 891; see, People v Kaba, 177 A.D.2d 506, lv denied 79 N.Y.2d 859) ... Concerning the purported Brady violation, inasmuch as Dixon listed Phillips and Carlisle as his alibi witnesses, it can be presumed that the defense was aware of their statements. For this reason, we do not find a Brady violation (see, ... ...
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People v. Dillard
... ... Such evidence merely relates to credibility, a collateral issue that generally does not materially influence a Grand Jury investigation (see, People v. Perry, 187 A.D.2d 678, 590 N.Y.S.2d 251, lv. denied 81 N.Y.2d 891, 597 N.Y.S.2d 952, 613 N.E.2d 984; People v. Kaba, 177 A.D.2d 506, 508, 575 N.Y.S.2d 716, lv. denied 79 N.Y.2d 859, 580 N.Y.S.2d 731, 588 N.E.2d 766) ... Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County ... ...