Opinion
369289
05-21-2024
PEOPLE OF MICHIGAN v. NEIL ANTONIO DASGUPTA
LC No. 11-009212-01-FC
Anica Letica Presiding Judge Noah P. Hood Adrienne N. Young Judges
ORDER
Anica Letica Presiding Judge
The motion to waive fees is GRANTED for this case only. The motion for peremptory reversal pursuant to MCR 7.211(C)(4) is DENIED.
The delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the successive motion for relief from judgment. MCR 6.502(G). We note that, while the trial court's order does not specifically address defendant's claim made pursuant to Brady v Maryland, 373 U.S. 83; 83 S.Ct. 1194; 10 L.Ed.2d 215 (1963), the claim is meritless. The evidence purportedly withheld by the prosecutor fails because, even presuming the evidence was withheld, defendant has not demonstrated that there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different. People v Chenault, 495 Mich. 142, 150; 845 N.W.2d 731 (2014).