Opinion
Argued June 11, 2001.
July 23, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered February 3, 1998, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N Y (Karen F. McGee and David Frey of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
ORDERED that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.
The failure to disclose the identities of two witnesses and an informant possessing exculpatory information deprived the defendant of a fair opportunity to conduct an investigation into this information (see, Brady v. Maryland, 373 U.S. 83; People v. Roberts, 203 A.D.2d 600). There is a reasonable possibility that the failure to disclose the identities of these individuals affected the outcome of the trial (see, People v. Vilardi, 76 N.Y.2d 67).
Moreover, the Supreme Court erred in instructing the jury on the charges against the defendant before the summations (see, CPL 260.30, 270.40). The Supreme Court's instructions created the possibility of premature deliberations by the jury (see, People v. Mollica, 267 A.D.2d 479; People v. Fujah, 182 A.D.2d 774; see also, People v. Townsend, 67 N.Y.2d 815). The error was not harmless since it deprived the defendant of a fair trial (see, People v. Crimmins, 36 N.Y.2d 230; CPL 470.15[a]).
The defendant's remaining contentions are either without merit or need not be addressed in light of our determination.
BRACKEN, P.J., FRIEDMANN, FLORIO and FEUERSTEIN, JJ., concur.