16 N.Y.3d 345 (2011)
A prosecutor has a duty to correct the false or mistaken material testimony of a prosecution witness, and failure to do so requires a new trial unless there is no reasonable possibility that the error contributed to the conviction.
Summary
Defendants Colon and Ortiz were convicted of murder and other charges based largely on the testimony of two cooperating witnesses, Vera and Core. Vera testified that he received only one benefit (a favorable plea deal in a misdemeanor case) for his testimony, which the prosecutor emphasized during summation. After the trial, it was revealed that the prosecutor had assisted Vera’s grandparents with relocation and had been involved in Vera’s subsequent felony drug case, contradicting his testimony. Additionally, the prosecution failed to disclose notes from witness interviews prior to trial. The New York Court of Appeals reversed the convictions, holding that the prosecutor’s failure to correct Vera’s false testimony and the non-disclosure of the interview notes warranted a new trial because the errors could have affected the jury’s verdict.
Facts
Colon and Ortiz were charged with murder and other offenses related to a 1989 shooting. At their joint trial in 1993, the prosecution presented testimony from Aníbal Vera, a former associate of Colon, and Daniel Core, who were both incarcerated at the time of their testimony. Vera testified that Colon admitted to being one of the shooters and that Ortiz participated in the crime. Core claimed Colon described the shootings as a drug-related ambush. Both witnesses had cooperation agreements with the District Attorney’s office, hoping for reduced sentences. During the trial, Vera stated that the only benefit he received for his testimony was a favorable plea agreement in a 1990 misdemeanor drug case. Prior to the trial, a gun was recovered from Vera’s hotel room but Vera was never prosecuted for its possession.
Procedural History
The jury convicted Colon and Ortiz. The Appellate Division affirmed their judgments. In 2003, Colon moved to vacate the judgment under CPL 440.10, arguing that Vera received additional benefits for his testimony, and the prosecutor failed to correct Vera’s false testimony. Ortiz later joined the motion. Supreme Court denied the motion, and the Appellate Division affirmed, finding any error harmless. The New York Court of Appeals granted leave to appeal and reversed the Appellate Division’s order.
Issue(s)
Whether the prosecutor’s failure to correct the false testimony of a key prosecution witness regarding benefits received in exchange for his testimony, and the failure to disclose exculpatory interview notes, constituted a violation of the defendants’ due process rights, warranting a new trial.
Holding
Yes, because there was a reasonable possibility that the prosecutor’s failure to correct Vera’s false testimony and the non-disclosure of the interview notes affected the jury’s verdict.
Court’s Reasoning
The Court of Appeals emphasized that prosecutors have a duty to deal fairly with the accused and be candid with the courts, including correcting false or mistaken material testimony. The court found that Vera’s testimony regarding the benefits he received was false because the prosecutor had assisted in relocating Vera’s grandparents and had been involved in Vera’s 1992 drug case. The prosecutor elicited Vera’s false statement and emphasized it during summation. The court reasoned that the jury’s perception of Vera’s credibility was crucial, especially given the questionable credibility of the other witness, Core. The court stated, “By their very nature, benefits conferred on a witness by a prosecutor provide a basis for the jury to question the veracity of a witness on the theory that the witness may be biased in favor of the People.” The Court also agreed with the Appellate Division that the prosecutor should have turned over the March 1990 interview notes. Because Vera’s testimony was critical and the prosecutor failed to correct his false statements and disclose the interview notes, the Court of Appeals concluded that a new trial was warranted. The Court cited People v. Steadman, 82 NY2d 1, 7 (1993) noting prosecutors “must deal fairly with the accused and be candid with the courts”.