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Appellant Entitled to a Hearing on His Motion to Vacate His Conviction—Questions of Fact Whether Witness Testimony Was Induced by Threats and/or Promises Not Disclosed to the Defense at Trial

The Third Department determined appellant, who had been convicted of second degree murder, was entitled to a hearing re: a potential Brady violation.  Appellant was an inmate at the time of the incident and the witnesses to the incident were other inmates Appellant, in a motion to vacate the conviction, presented affidavits from witnesses to the incident who averred they were threatened or offered promises by prison personnel in exchange for their testimony.  The court noted there was a question of fact whether the prosecution could be held responsible for the actions of prison personnel (relevant information may have been outside the control of the prosecution):

…[D]efendant was entitled to a hearing on his motion. Due process requires that the People disclose to the defendant any evidence in their possession that is “material to guilt or punishment” … . The People must disclose evidence relating to a witness’s credibility, including “the ‘existence of an agreement between the prosecution and a witness, made to induce the testimony of the witness'” … . “To establish a Brady violation, a defendant must show that (1) the evidence is favorable to the defendant because it is either exculpatory or impeaching in nature; (2) the evidence was suppressed by the prosecution; and (3) prejudice arose because the suppressed evidence was material” … . When a specific request has been made for the evidence that was withheld, “the materiality element is established provided there exists a ‘reasonable possibility’ that it would have changed the result of the proceedings” … . People v Lewis, 2015 NY Slip Op 01492, 3rd Dept 2-19-15

 

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