22 Cited authorities

United States v. Bagley
473 U.S. 667 (1985) Cited 9,423 times 34 Legal Analyses
Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant
United States v. Agurs
427 U.S. 97 (1976) Cited 7,509 times 18 Legal Analyses
Holding that materiality "must be evaluated in the context of the entire record"
State v. Danielson
2007 N.Y. Slip Op. 9814 (N.Y. 2007) Cited 9,450 times 1 Legal Analyses
Holding a "legally sufficient verdict can be against the weight of the evidence"
People v. Casey
95 N.Y.2d 354 (N.Y. 2000) Cited 1,343 times
Finding nonhearsay allegations including the complainant's supporting deposition, which stated that the order had been issued, was in effect, and that she had personally observed the defendant engage in conduct that violated the order could help to cure an alleged defect in the instrument premised on the failure to provide the underlying court order
People v. Wesley
83 N.Y.2d 417 (N.Y. 1994) Cited 443 times 1 Legal Analyses
Concluding that "[d]efendant's challenges to the population studies relied on by Lifecodes to estimate the probability of a coincidental match go not to admissibility, but to the weight of the evidence, which should be left to the trier of fact."
People v. Vilardi
76 N.Y.2d 67 (N.Y. 1990) Cited 343 times 3 Legal Analyses
Comparing the state law standard — whether there was a "reasonable possibility" that withheld evidence could have affected the result of the proceeding — to the federal standard of "reasonable probability"
People v. Cruz
48 N.Y.2d 419 (N.Y. 1979) Cited 351 times
Stating that "intoxication is a greater degree of impairment which is reached when the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver"
People v. Kelly
62 N.Y.2d 516 (N.Y. 1984) Cited 299 times
Applying New York rule, which parallels federal rule; concluding that dismissal was an abuse of discretion where adverse inference instruction would have adequately remedied prejudice caused by government's destruction of evidence
People v. Acosta
80 N.Y.2d 665 (N.Y. 1993) Cited 197 times
Explaining that New York’s attempt statute is "more stringent" than the " ‘substantial step’ test ... adopted by [the Second Circuit]"
People v. Smith
63 N.Y.2d 41 (N.Y. 1984) Cited 120 times
Noting that recusal is generally "a matter of personal conscience"

The People, Respondent,v.Brian Novak, Appellant.

22 Cited authorities

Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant

Holding that materiality "must be evaluated in the context of the entire record"

Holding a "legally sufficient verdict can be against the weight of the evidence"

Concluding that "[d]efendant's challenges to the population studies relied on by Lifecodes to estimate the probability of a coincidental match go not to admissibility, but to the weight of the evidence, which should be left to the trier of fact."

Comparing the state law standard — whether there was a "reasonable possibility" that withheld evidence could have affected the result of the proceeding — to the federal standard of "reasonable probability"

Applying New York rule, which parallels federal rule; concluding that dismissal was an abuse of discretion where adverse inference instruction would have adequately remedied prejudice caused by government's destruction of evidence

Explaining that New York’s attempt statute is "more stringent" than the " ‘substantial step’ test ... adopted by [the Second Circuit]"

Noting that recusal is generally "a matter of personal conscience"