Summary
holding that it "was collateral and . . . not otherwise the kind of material required by the courts to be supplied to defendant for use to impeach a witness"
Summary of this case from Parsons v. ArtusOpinion
July 11, 1986
Appeal from the Erie County Court, Wolfgang, J.
Present — Dillon, P.J., Doerr, Pine, Lawton and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: None of the issues raised on appeal by defendant has merit and only one requires comment. Prior to trial, defendant requested all Brady material (see, Brady v Maryland, 373 U.S. 83), including any evidence of drug-related activity of one of the victims or at that victim's place of business. In response, the People supplied defendant with the three victims' criminal records showing no drug-related instances, and further informed defendant that no Brady material existed. Defendant's posttrial motion to set aside the jury's verdict on the ground that the People failed to supply him with such Brady information was properly denied without a hearing since defendant failed to meet the requirements for that relief (see, CPL 330.30; People v Salemi, 309 N.Y. 208). The information sought by defendant did not qualify as Brady material. Absent a connection to the crime charged, it was collateral and it was not otherwise the kind of material required by the courts to be supplied to defendant for use to impeach a witness (see, United States v Bagley, 473 U.S. 667; Giglio v United States, 405 U.S. 150).