Summary
holding that the state is required to disclose information in an officer's personnel file if a defendant shows that the personnel file contains materials that are relevant to guilt, innocence or the officer's credibility
Summary of this case from Castellanos v. KirkpatrickOpinion
September 30, 1997
Appeal from the Monroe County Court, Bristol, J.
Present — Pine, J.P., Hayes, Wisner, Callahan and Doerr, JJ.
County Court did not err in summarily denying defendant's motion for an in camera inspection of the personnel file of the police officer who was the People's principal witness against defendant ( see, Civil Rights Law § 50-a; People v. Gissendanner, 48 N.Y.2d 543, 549-550). Defendant failed to set forth "in good faith * * * some factual predicate which would make it reasonably likely" that the file contents would "directly bear on the hard issue of guilt or innocence" and failed to show that he would not merely conduct a fishing expedition to gain information to impeach the officer's general credibility ( People v. Gissendanner, supra, at 550; see, People v. Valentine, 160 A.D.2d 325, 326, lv denied 76 N.Y.2d 797).
Defendant contends, in his pro se supplemental brief, that the court erred in denying his motion to suppress the statement he made to the police. We reject that contention. The evaluation of credibility by the hearing court is entitled to great weight and its determination will not be disturbed where, as here, it is supported by the record ( see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Gresty, 237 A.D.2d 931).