People v. Bartee, 89 N.Y.2d 339 (1996)
The prosecution must disclose the full terms of cooperation agreements with witnesses, but a court’s finding that no obligation to testify against the defendant was part of the agreement is not reviewable by the Court of Appeals if supported by factual evidence.
Summary
Bartee was convicted of drug offenses. He argued that the prosecution violated Brady by failing to disclose the full terms of a cooperation agreement with a codefendant who testified against him. Bartee claimed the agreement required the codefendant to testify against him for a recommendation of lifetime probation, an obligation not disclosed. The County Court, after a hearing, found no such agreement existed. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the lower courts’ factual finding that no agreement existed regarding the codefendant’s testimony was supported by the record and thus beyond further review.
Facts
Bartee was convicted of criminal sale and possession of a controlled substance. A codefendant, who pleaded guilty to lesser charges and was a People’s witness at Bartee’s trial, had a cooperation agreement with the District Attorney’s office. Bartee alleged that this agreement contained an undisclosed provision requiring the codefendant to testify against him in exchange for a recommendation of lifetime probation.
Procedural History
Bartee was convicted in County Court. He moved to vacate the conviction under CPL 440.10, arguing a Brady violation due to the undisclosed term of the cooperation agreement. The County Court denied the motion after an evidentiary hearing. The Appellate Division affirmed the conviction and the denial of the motion to vacate. Bartee appealed to the New York Court of Appeals.
Issue(s)
Whether the People failed to disclose material exculpatory evidence (Brady material) by not revealing the full terms of a cooperation agreement, specifically an alleged requirement for a codefendant to testify against the defendant in exchange for a sentencing recommendation.
Holding
No, because the lower courts found, based on factual evidence, that no agreement existed requiring the codefendant to testify against Bartee as a condition of the cooperation agreement; this factual finding is not reviewable by the Court of Appeals.
Court’s Reasoning
The Court of Appeals affirmed the Appellate Division’s order, emphasizing that the lower courts had conducted an evidentiary hearing and made a factual finding that no agreement or understanding existed requiring the codefendant to testify against Bartee. The court noted that because this finding was supported by the record, it was beyond the Court of Appeals’ power to review. The Court cited People v. Blim, 46 N.Y.2d 934, 935 and People v. Gruttola, 43 N.Y.2d 116, 122, to support this principle of limited appellate review of factual findings. The Court thus deferred to the factual determinations made by the County Court and Appellate Division, stating that “our own examination of the record reveals factual support for the findings of the lower courts, the denial of defendant’s motion to vacate is beyond this Court’s further review”. The court also concluded that the evidence presented at trial was legally sufficient to establish Bartee’s guilt beyond a reasonable doubt.