United States Second Circuit

Under Brady, the Government has a constitutional duty to disclose only exculpatory "material" and impeachment evidence, and only when such evidence is needed for its effective use at trial or at a plea proceeding, rather than immediate disclosure of all such evidence upon a defendant's request.

Appellate Information

• Argued 05/03/2001
• Decided 10/05/2001
• Published 10/05/2001

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before NEWMAN and CABRANES, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric Corngold, Assistant United States Attorney (Cecil C. Scott, Assistant United States Attorney, of counsel;  Loretta E. Lynch, United States Attorney, on the brief), Office of the United States Attorney for the Eastern District of New York, Brooklyn, NY, for Petitioners., John H. Doyle, III, (Victor J. Rocco, of counsel), New York, NY, for Amicus Curiae, New York Council of Defense Lawyers., Diarmuid White (Joshua L. Dratel, of counsel), New York, NY, for Amici Curiae, National Association of Criminal Defense Lawyers and The New York State Association of Criminal Defense Lawyers.


• For Appellees:
  
• Jay Goldberg, (Andrew Weinstein, Jeffrey Lichtman, Joseph Bondy, Larry Bronson, of counsel), New York, NY, for Defendants Respondents.