People v. Scott, 88 N.Y.2d 888 (1996)
When a defendant makes a specific request for Brady material, the prosecution’s failure to disclose such evidence is judged by the “reasonable possibility” standard of prejudice, meaning there’s a reasonable possibility the trial outcome would have differed had the evidence been produced.
Summary
The defendant was convicted of manslaughter and weapons possession. He moved to vacate the conviction, arguing the prosecution failed to disclose Brady material – a “scratch” sheet referencing a polygraph examination of the sole eyewitness, Glenn Shaw. The defense had requested the polygraph report. The trial court granted a new trial, but the Appellate Division reversed, finding the request not specific enough. The Court of Appeals held the request was specific, triggering the “reasonable possibility” standard. However, it ultimately affirmed the Appellate Division’s reversal because polygraph results are inadmissible, and evidence suggested the witness was truthful.
Facts
Glenn Shaw, the only eyewitness, testified he saw the defendant with a handgun and others running from the victim’s house after hearing a gunshot. Before trial, the defense requested the polygraph exam report of a confidential informant. A “homicide bureau information sheet” (the “scratch sheet”) alluded to Shaw’s polygraph test, stating he was possibly withholding information. This sheet was not disclosed to the defense.
Procedural History
The defendant was convicted of first-degree manslaughter and weapons possession. He moved to vacate the conviction under CPL 440.10, arguing a Brady violation. The trial court granted the motion for a new trial. The Appellate Division reversed, finding the discovery request not specific, and the stricter “reasonable probability” standard was not met. The Court of Appeals then reviewed the Appellate Division’s decision.
Issue(s)
1. Whether the defense counsel’s request for “a copy of the report of the polygraph exam(s) given to the confidential informant showing date(s) of exam and all results” constituted a specific request for Brady material.
2. Whether, assuming a specific request, the failure to disclose the “scratch sheet” warranted a new trial.
Holding
1. Yes, because the request provided specific notice of the defense’s desire for the witness’s polygraph test results.
2. No, because polygraph evidence is inadmissible, and other evidence suggested the eyewitness was truthful, so there was no reasonable possibility that the outcome of the trial would have differed had the document been produced.
Court’s Reasoning
The Court of Appeals agreed with the trial court that the defense’s request was specific because it provided particularized notice of the information sought, even if the defense didn’t know the document’s precise form. This specificity triggers the “reasonable possibility” standard for materiality under Brady. The Court cited People v. Vilardi, 76 N.Y.2d 67, 77, emphasizing that “heightened prosecutorial attention is appropriate” when the defense provides specific notice of its interest in particular material. However, the Court found that even under the “reasonable possibility” standard, a new trial was not warranted. The Court emphasized that “[a] polygrapher’s opinions regarding the witness’s veracity are not admissible evidence (see, People v Angelo, 88 NY2d 217).” Additionally, the assistant district attorney who prepared the document had no recollection of its source, and other evidence suggested the witness was truthful. Therefore, the court found no reasonable possibility that the trial outcome would have changed had the document been disclosed.