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PEOPLE v. FUENTES

12 N.Y.3d 259 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE FUENTES, Appellant.

Court of Appeals of New York.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Gruvman, Giordano & Glaws, LLP, New York City (Charles T. Glaws of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Anne C. Feigus and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH and PIGOTT concur with Judge CIPARICK; Judge JONES dissents and votes to reverse in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to determine whether the People committed a constitutional violation (see Brady v Maryland, 373 U.S. 83 [1963]) by their nondisclosure to defendant of a "record of consultation" prepared by a hospital psychiatrist who interviewed a rape victim and noted her feelings of depression and minimal marijuana use. Because the undisclosed document is not material...

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