People v. Gantt
Opinion of the Court
Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about January 7, 2004, which granted defendant’s CEL 440.10 motion to vacate a judgment rendered March 28, 2001, convicting him, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years to life, unanimously affirmed.
There was a reasonable possibility that the People’s failure to disclose prior inconsistent testimony by their main witness contributed to the verdict (see People v Vilardi, 76 NY2d 67, 77 [1990]; see also People v Machado, 90 NY2d 187, 192 [1997]). This witness was a career criminal who waited six years to come forward and had a motive to give false testimony in an effort to
The evidence against defendant without this witness’s testimony was far from overwhelming. This witness provided the only testimony identifying defendant, except for statements by the victim that the People characterize as dying declarations and/or excited utterances. However, the victim later recanted these statements and told the police that his accusation of defendant was not based on personal knowledge. Concur—Buckley, EJ., Williams, Lerner, Gonzalez and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.