New York Supreme Court vacates CAL client's convictions, including controlled-substance sale and possession offenses, and dismisses the indictment for Brady violations
Prior to RH’s trial, the New York City Office of the Special Narcotics Prosecutor (SNP) failed to disclose more than 15 civil lawsuits filed against the officers involved in RH’s arrest, and 15 substantiated findings of misconduct. CAL filed a CPL § 440.10 motion, arguing that SNP’s failure to disclose these impeachment materials violated the prosecution’s constitutional obligations under Brady v. Maryland, 373 U.S. 83 (1963). SNP eventually conceded that it was aware of 11 of the civil lawsuits, but failed to provide this information to the defense. Accordingly, SNP withdrew its opposition to RH’s C.P.L. § 440.10(1)(h) motion and recommended that the court dismiss the indictment. On December 6, 2022, Justice Ruth Pickholz vacated RH’s convictions and dismissed the indictment. Beth Caldwell represented RH on appeal.