People v. Dennis

Summary

The New York Supreme Court, Appellate Division, Fourth Department, unanimously affirmed an order denying Brandon Dennis's CPL 440.10 motion to vacate his judgment of conviction without a hearing. The court held that although information concerning a prosecution witness's arrests and relationship with an investigating officer constituted Brady material, Dennis failed to establish materiality because other evidence independently supported the verdict.

Holdings

1. Defendant was not entitled to a hearing because he failed to demonstrate that the nonrecord facts he sought to establish were material and would entitle him to relief.
2. Information regarding the prosecution witness's arrests and personal relationship with an involved officer constituted Brady material.
3. Defendant failed to establish a material Brady violation because there was neither a reasonable probability nor a reasonable possibility that disclosure of the information would have changed the trial result.

Questions Presented

1. Whether defendant was entitled to a hearing on his CPL 440.10 motion based on alleged undisclosed impeachment evidence concerning a prosecution witness.
2. Whether the alleged failure to disclose the witness's pending arrests and personal relationship with an involved officer constituted a material Brady violation warranting vacatur of the judgment.
3. Whether the alleged undisclosed information created a reasonable probability or reasonable possibility that the trial result would have changed.

Disposition

affirmed