What is the legal test for disclosing the identity of an informant in a criminal case?
The following excerpt is from People v. Jenkins, 360 N.E.2d 1288, 392 N.Y.S.2d 587, 41 N.Y.2d 307 (N.Y. 1977):
In sum, we are not here concerned with a case dealing with a bad faith removal of a critical or material witness. Nor, of course, does this case involve inadequate efforts to ascertain the whereabouts of a missing material witness who was once under the control of the People and whose disappearance was in any fashion due to such prosecutorial bad faith. Likewise, we are not here involved with an obligation to produce any claimed or demonstrated exculpatory nonwitness evidence as in Brady v. Maryland (supra) or United States v. Agurs (supra). Requirements to disclose the identity of an informant, to produce exculpatory nontestimonial evidence or to produce a witness
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