People v Porter

Holding The court granted the defendant’s motion to vacate his conviction and ordered a new trial, finding that the prosecution committed a Brady violation by suppressing material impeachment and exculpatory evidence. The suppressed evidence included documents showing the prosecutor’s intent to arrest a key witness as an accomplice and handwritten notes containing third-party guilt information.

The court’s words

the aggregate effect of the suppressed evidence in this case establishes a reasonable possibility that the outcome of defendant’s trial would have been different

90 Misc 3d 321, at the official text

the magnitude of the prosecutor’s combined suppression of Brady/Giglio evidence in this case clearly violated defendant’s constitutional right to due process

90 Misc 3d 321, at the official text

ADA Schaeffer admittedly abdicated his duty to seek the truth by failing to pursue an investigation into such clearly exculpatory information

90 Misc 3d 321, at the official text

Suppression of this material denied defendant the opportunity to explore the basis for the deponent’s conclusions before the jury

90 Misc 3d 321, at the official text