United States Second Circuit

An off-duty police officer's eye-witness testimony that was inconsistent with prosecution witnesses' testimony regarding the killer's identity was information favorable to defendant and subject to Brady disclosure.

Appellate Information

• Argued 06/21/2001
• Decided 07/12/2001
• Published 07/12/2001

Judges

• JACOBS, Circuit Judge:, Before:  JACOBS, PARKER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael S. Sommer, McDermott, Will & Emery, New York, NY, (Robert E. Rice and Tomasita L. Harrison on the brief), for petitioner-appellant.


• For Appellees:
  
• Michael Gore, Assistant District Attorney, Kings County, NY (Charles J. Hynes, District Attorney, and Leonard Joblove and Victor Barall, Assistant District Attorneys, on the brief), for respondent-appellee.