What if the People were not aware of the evidence given to the defense prior to that testimony?
"New York", United States of America
The following excerpt is from People v. Rowland, 157 Misc.2d 114, 595 N.Y.S.2d 881 (N.Y. City Ct. 1992):
Even if the People had been aware of the evidence prior to that testimony, and they were not, constitutional error occurs only if the evidence which was not disclosed was material in the sense that "there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different" (United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3384), plainly not the case here.
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