Court of Appeals of New York

Conviction for attempted murder, assault, reckless endangerment, and criminal possession of a weapon resting on identification evidence is vacated and a new trial ordered where: 1) defense counsel did not provide meaningful representation by failing to object to the trial court's erroneous use of the "clear link" standard in dismissing an application to introduce third party culpability evidence; and 2) the people's failure to turn over evidence that defendant's alleged third party culprit possessed the same ammunition used to commit the offense and hid it when police arrived to search defendant's apartment constituted a Brady violation.

Appellate Information

• Published 2015/11/23

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel