People v. Cortijo, 70 N.Y.2d 868 (1987)

A defendant’s right to a fair trial is not violated by a delayed disclosure of exculpatory material if the defendant is given a meaningful opportunity to use the material to cross-examine witnesses or present evidence.

Summary

The defendant was convicted of attempted murder and criminal possession of a weapon. He argued that the prosecution’s failure to disclose an eyewitness statement prior to trial, which he claimed was exculpatory, warranted a reversal. The Court of Appeals held that even assuming the statement was exculpatory, the defendant was not entitled to a new trial because he had a meaningful opportunity to use the statement during the trial, including the opportunity to recall witnesses for further cross-examination, which the defendant declined. This decision underscores that the timing of disclosure is less critical than the opportunity to effectively utilize the evidence.

Facts

The defendant was convicted of shooting a neighbor. Prior to trial, the defendant requested all Brady material. During the trial, the defense discovered the prosecution knew of two eyewitnesses they had not called and had not disclosed to the defense. The prosecution produced one eyewitness with a statement to police. After interviewing the eyewitness and reviewing the statement, the defendant chose not to call the eyewitness as a defense witness. The defendant also declined the court’s offer to reopen the prosecution’s case to recall witnesses for cross-examination using the statement.

Procedural History

The defendant was convicted at trial. He appealed, arguing the prosecution’s failure to disclose the eyewitness statement was a violation of his rights. The Appellate Division affirmed the conviction, and the defendant appealed to the New York Court of Appeals.

Issue(s)

Whether the prosecution’s failure to disclose the eyewitness statement prior to trial constitutes a violation of the defendant’s right to a fair trial, requiring reversal of the conviction, given that the defendant was later provided with the statement and the opportunity to use it during the trial.

Holding

No, because the defendant had a meaningful opportunity to use the allegedly exculpatory material to cross-examine witnesses or as evidence during his case.

Court’s Reasoning

The Court of Appeals acknowledged the prosecution’s duty to disclose exculpatory material. However, the Court emphasized that a delayed disclosure does not automatically warrant a new trial. The critical factor is whether the defendant had a “meaningful opportunity” to use the material to cross-examine witnesses or as evidence. Here, the trial court offered the defendant the opportunity to recall the prosecution’s witnesses for further cross-examination based on the eyewitness statement. The defense declined this offer. Because the defendant had the chance to utilize the statement effectively, the Court found no violation of the defendant’s right to a fair trial. The Court cited People v. Brown, 67 NY2d 555, 559; People v Smith, 63 NY2d 41, 68; People v Stridiron, 33 NY2d 287, 292-293, reinforcing that the key is the opportunity to use the evidence, not necessarily the timing of its disclosure. The court stated, “[W]hile the People unquestionably have a duty to disclose exculpatory material in their control,” a defendant’s constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witnesses or as evidence during his case”.