People v. Mancuso
Opinion of the Court
—Appeal by the People from an order of the Supreme Court, Kings County (Feldman, J.), dated April 30, 1996, which granted the defendant’s motion pursuant to CPL 440.10 to vacate a judgment of the same court (Corso, J.), rendered May 11, 1978, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the order is reversed, on the law, the motion is denied, and the judgment is reinstated.
The Supreme Court, Kings County, held, essentially, that certain documents, which the defendant had acquired through his Freedom of Information Law requests, should have been turned over at the defendant’s trial as Rosario material (see, People v Rosario, 9 NY2d 286, cert denied 368 US 866) and/or Brady material (see, Brady v Maryland, 373 US 83). The court also determined that the defendant was prejudiced by the People’s failure to turn these documents over because the information in these documents tended to refute the testimony of a principal witness, Carl Vaccarino, and the People’s position at trial regarding the deal made between the prosecution and Vaccarino in exchange for Vaccarino’s testimony. We disagree.
The documents indicate no more than that Vaccarino hoped
Case-law data current through December 31, 2025. Source: CourtListener bulk data.