7 N.Y.3d 15 (2006)
When a Brady violation occurs at a pretrial suppression hearing, the trial court has discretion to fashion a remedy, including conducting a new hearing where both sides can present new evidence.
Summary
Defendant was convicted of drug charges. A key prosecution witness, Detective Gordon, testified at a suppression hearing but was later revealed to be under investigation for perjury. The prosecution had failed to disclose this impeachment evidence, a Brady violation. The trial court ordered a new suppression hearing, allowing the prosecution to call a new witness (Washington) and the defense to present evidence of Gordon’s potential perjury. The New York Court of Appeals affirmed, holding that the trial court did not abuse its discretion in fashioning this remedy. The Court reasoned that the trial court’s remedy was appropriate to determine the truth, not to punish the prosecution.
Facts
Detective Gordon testified at a suppression hearing that he observed the defendant engage in a drug transaction. Unbeknownst to the defense, Gordon was under investigation for perjury in an unrelated case for falsely claiming to witness drug activity. The prosecution failed to disclose this investigation during the suppression hearing. At trial, the prosecution did not call Gordon, but the defense sought to call him as a witness. The prosecution then revealed the perjury investigation. The trial court found that a Brady violation occurred because the information about the perjury investigation was not disclosed at the suppression hearing.
Procedural History
Defendant moved to suppress evidence, which was denied after a hearing. At trial, the information about the perjury investigation came to light. The trial court ordered a new suppression hearing. After the new hearing, the trial court again denied the suppression motion, finding a new witness credible. The Appellate Division affirmed the conviction. The New York Court of Appeals affirmed the Appellate Division’s decision.
Issue(s)
Whether the trial court abused its discretion by ordering a new suppression hearing, allowing the prosecution to present a new witness, as a remedy for a Brady violation where the prosecution failed to disclose impeachment evidence regarding its initial witness at the original suppression hearing.
Holding
No, because the trial court has broad discretion in fashioning a remedy for a Brady violation, and permitting the prosecution to present a new witness at a new suppression hearing aimed to determine the truth of the matter without unfairly punishing the prosecution or providing a windfall to the defendant.
Court’s Reasoning
The Court reasoned that while the prosecution’s failure to disclose the perjury investigation was a serious error, not every misjudgment entitles the defendant to a windfall. The trial court’s remedy of a new hearing, where both sides could present evidence, aimed to determine the truth based on the best available evidence. The Court rejected the argument that the new witness’s testimony should have been excluded to punish the prosecution, stating that the Brady rule exists to prevent miscarriages of justice, not to punish society for prosecutorial misdeeds. The Court distinguished this case from precedents where a second chance to present evidence was disallowed because here, the issue was not the sufficiency of the initial proof, but a procedural error that undermined the fairness of the hearing. The Court emphasized that a new hearing is a normal remedy for a procedural error that is not harmless. The Court noted the trial court did not find the People’s misconduct to be willful, and that the record indicated there was probable cause to arrest the defendant regardless of Gordon’s reliability as a witness. “The principle…is not punishment of society for misdeeds of a prosecutor but avoidance of an unfair trial to the accused” (Brady, 373 U.S. at 87).