People v. Sherwood

Summary

The Appellate Division, Third Department affirmed Jason A. Sherwood's convictions for rape in the second degree and criminal sexual act in the second degree. The court held that late disclosure of Brady material four days before trial did not deprive defendant of a fair trial and that the trial court did not abuse its discretion by limiting cross-examination concerning the victim's prior sexual-abuse allegations.

Holdings

1. The late disclosure did not violate defendant's constitutional right to a fair trial because defendant received the records four days before trial and had a meaningful opportunity to review and use, or attempt to use subject to admissibility rulings, the allegedly exculpatory information.
2. County Court did not abuse its discretion by refusing to permit cross-examination concerning the victim's prior sexual-abuse allegations because defendant failed to sufficiently establish that those allegations were false.

Questions Presented

1. Whether disclosure of Brady material four days before trial deprived defendant of a fair trial when defense counsel had a meaningful opportunity to review and use the material.
2. Whether County Court abused its discretion by preventing defendant from cross-examining the victim about prior sexual-abuse allegations where defendant had not sufficiently established that the allegations were false.

Disposition

affirmed