Opinion
2014-07384, Ind. No. 1617-10.
10-28-2015
The PEOPLE, etc., appellant, v. Gabriel HUBBARD, respondent.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for appellant. Robert C. Mitchell, Riverhead, N.Y. (Louis E. Mazzola of counsel), for respondent.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for appellant.
Robert C. Mitchell, Riverhead, N.Y. (Louis E. Mazzola of counsel), for respondent.
L. PRISCILLA HALL, J.P., SANDRA L. SGROI, JEFFREY A. COHEN, and JOSEPH J. MALTESE, JJ.
Opinion Appeal by the People from an order of the Supreme Court, Suffolk County (Efman, J.), dated July 25, 2014, which granted the defendant's motion pursuant to CPL 440.10 to vacate a judgment of the County Court, Suffolk County (Efman, J.), rendered June 7, 2012, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence, and directed a new trial.
ORDERED that the order is affirmed.
The Supreme Court properly granted the defendant's motion pursuant to CPL 440.10 to vacate the judgment for violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215, and directed a new trial. The People have an obligation to disclose exculpatory evidence in their possession that is favorable to the defendant and material to his or her guilt or innocence (see id. at 87, 83 S.Ct. 1194 ; People v. Fuentes, 12 N.Y.3d 259, 263, 879 N.Y.S.2d 373, 907 N.E.2d 286 ; People v. Scott, 88 N.Y.2d 888, 890, 644 N.Y.S.2d 913, 667 N.E.2d 923 ). “The prosecutor's duty to exchange Brady material extends to the disclosure of evidence that can be used to impeach the credibility of a witness for the People whose testimony may be determinative of the defendant's guilt” (People v. Wagstaffe, 120 A.D.3d 1361, 1363, 992 N.Y.S.2d 340 ; see Giglio v. United States, 405 U.S. 150, 154–155, 92 S.Ct. 763, 31 L.Ed.2d 104 ; People v. Baxley, 84 N.Y.2d 208, 213, 616 N.Y.S.2d 7, 639 N.E.2d 746 ). In order to establish a Brady violation, a defendant must prove: (1) the evidence at issue is favorable to him or her, (2) the evidence was suppressed by the prosecution, either willfully or inadvertently, and (3) prejudice arose because the suppressed evidence was material (see Strickler v. Greene, 527 U.S. 263, 281–282, 119 S.Ct. 1936, 144 L.Ed.2d 286 ; People v. Garrett, 23 N.Y.3d 878, 885, 994 N.Y.S.2d 22 ; People v. Hayes, 17 N.Y.3d 46, 50, 926 N.Y.S.2d 382, 950 N.E.2d 118 ).
Here, the crucial evidence against the defendant at trial was his statement admitting to the shooting, taken by Detective Ronald Tavares. There was no physical evidence connecting the defendant to the crime, and the eyewitnesses could not identify him. Given the importance of Detective Tavares' testimony in establishing the defendant's guilt, the Supreme Court properly determined that evidence concerning allegations that he had procured a false confession in an unrelated matter involving two police officers, which led to an internal affairs investigation of those officers and a federal lawsuit against, among others, Detective Tavares, was favorable to the defense and material (see People v. Garrett, 23 N.Y.3d at 886, 994 N.Y.S.2d 22, 18 N.E.3d 722 ; People v. Ennis, 11 N.Y.3d 403, 414, 872 N.Y.S.2d 364, 900 N.E.2d 915 ; People v. Jones, 193 A.D.2d 696, 598 N.Y.S.2d 40 ). The evidence was responsive to a defense demand and there is a reasonable possibility that the outcome of the trial would have differed had the evidence been produced (see People v. Ennis, 11 N.Y.3d at 414, 872 N.Y.S.2d 364, 900 N.E.2d 915 ; People v. Scott, 88 N.Y.2d 888, 891, 644 N.Y.S.2d 913, 667 N.E.2d 923 ; cf. People v. Garrett, 23 N.Y.3d at 892, 994 N.Y.S.2d 22, 18 N.E.3d 722 ). Furthermore, the defendant sufficiently established that the prosecutor had actual knowledge of the allegations against Detective Tavares and the related investigation in the unrelated matter (see generally People v. Santorelli, 95 N.Y.2d 412, 421, 718 N.Y.S.2d 696, 741 N.E.2d 493 ; People v. Simmons, 36 N.Y.2d 126, 132, 365 N.Y.S.2d 812, 325 N.E.2d 139 ; cf. People v. Garrett, 23 N.Y.3d at 891, 994 N.Y.S.2d 22 ).