People v. Scott
| Decision Date | 05 June 1996 |
| Parties | , 667 N.E.2d 923 The PEOPLE of the State of New York, Respondent, v. George SCOTT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed. 216 A.D.2d 592, 628 N.Y.S.2d 965.
Defendant was convicted of first degree manslaughter and criminal possession of a weapon in the second and third degree. At trial Glenn Shaw, the only eyewitness, testified that after hearing what sounded like a gunshot, he saw the defendant holding a handgun, a woman named Jacqueline Lewis, an unidentified man, and a fourth person running away from the victim's house. Shaw testified that he could not tell whether the fourth person was a man or a woman.
Defendant moved to vacate his conviction pursuant to CPL 440.10, claiming the People failed to produce Brady material (see, Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215) in the form of a "scratch" sheet dated November 18, 1985, which alluded to a polygraph examination of Shaw. Defense counsel had made a discovery request for "a copy of the report of the polygraph exam(s) given to the confidential informant showing date(s) of exam and all results." The sheet in question, which was not produced, is entitled "HOMICIDE BUREAU INFORMATION SHEET" and reads:
The trial court granted defendant's motion and ordered a new trial, finding that the request was a specific one and that there was a "reasonable possibility" that the document, had it been made available, would have affected the outcome of the trial. Although agreeing with the trial court that the document in question was Brady material and had not been produced to the defense, the Appellate Division reversed on the basis that defendant's request was not specific and consequently the more stringent "reasonable probability" standard of materiality applied, which was not satisfied.
A defendant has the right, guaranteed by the Due Process Clauses of the Federal and State Constitutions, to discover favorable evidence in the People's possession which is material to guilt or punishment (Brady v. Maryland, supra; People v. Vilardi, 76 N.Y.2d 67, 73, 556 N.Y.S.2d 518, 555 N.E.2d 915). Where the prosecutor has been made aware by a specific discovery request that defendant considered certain material important to the defense, the failure to disclose such evidence is governed by a ...
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