Witness’ Offering Testimony About a “Jailhouse Confession” in Unrelated Case May Constitute Brady Material

In affirming the defendant’s conviction, the Third Department determined a witness’ [Henry’s] agreement to testify about a “jailhouse confession” in an unrelated case may have constituted Brady material in defendant’s case because she also entered an agreement to testify about defendant’s “jailhouse confession.”  The Court determined reversal was not required because the potential Brady error was harmless under the facts:

“….[A]ssuming, without deciding, that the full terms of Henry’s cooperation agreement – including those aspects pertaining to the other matter – were Brady material subject to disclosure, reversal is not required.   Where, as here, nondisclosure follows the defense’s specific request for materials, evidence is deemed material and reversal is required only “if there is a ‘reasonable possibility’ that, had that material been disclosed, the result would have been different”… . People v Johnson, 104919, 3rd Dept, 6-13-13