People v. Yavru-Sakuk

Summary

The New York Court of Appeals modified and affirmed an Appellate Term order in a criminal sexual-abuse case involving the alleged nondisclosure of portions of a victim's mother's diary. The court remitted the matter for an in camera inspection to determine whether additional relevant material existed and, if so, whether its nondisclosure materially contributed to the conviction.

Holdings

1. The prosecution could not rely on that representation because it had not itself reviewed the diary; the matter therefore had to be remitted for an in camera inspection of the remaining diary entries.
2. If the trial court finds relevant diary material, it must determine whether disclosure would establish a reasonable possibility that nondisclosure materially contributed to the trial result; if so, the relevant material must be disclosed and a new trial ordered, and otherwise the conviction must be amended to reflect that nondisclosure did not materially contribute to the judgment.

Questions Presented

1. Whether the prosecution could rely on the victim's mother's representation that no additional portion of her diary was relevant when the prosecution had not reviewed the diary itself.
2. Whether the case should be remitted for an in camera inspection to determine whether additional diary material was relevant and, if so, whether nondisclosure materially contributed to the trial result under CPL 240.75.

Disposition

remanded