People v. Hubbard, 132 A.D.3d 1013

Defendant Gabriel Hubbard was convicted by a jury of second-degree murder and sentenced on June 7, 2012.
The People appealed the Supreme Court's grant of Hubbard's CPL 440.10 motion to vacate that conviction and to direct a new trial.
The key evidence at trial was Hubbard's statement to police, taken by Detective Ronald Tavares; there was no physical evidence linking Hubbard to the crime and eyewitnesses could not identify him.
Hubbard moved under CPL 440.10 asserting the People suppressed Brady material concerning allegations that Detective Tavares procured a false confession in an unrelated case.
The withheld information had prompted an internal affairs investigation and a federal lawsuit involving Tavares and two officers.
The trial court found the alleged information was favorable, suppressed, and material, and that the prosecutor had actual knowledge; it granted a new trial. The Appellate Division affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence about allegations that Detective Tavares procured a false confession in an unrelated matter was Brady material that the People had to disclose	The People argued the information was not material or required to be disclosed	Hubbard argued the information was favorable impeachment evidence for Tavares and thus Brady material	The court held the evidence was favorable impeachment material and should have been disclosed
Whether suppression was prejudicial and the prosecutor had actual knowledge of the allegations	The People contended there was no reasonable probability of a different result and no proof of prosecutor knowledge	Hubbard argued the withheld evidence was material to the credibility of the sole key witness (Tavares) and the prosecutor knew of the investigation and lawsuit	The court held suppression was material (reasonable possibility of different outcome) and the prosecutor had actual knowledge; new trial directed

Brady v. Maryland, 373 U.S. 83 (prosecution must disclose exculpatory evidence)
Giglio v. United States, 405 U.S. 150 (impeachment evidence relating to witness credibility must be disclosed)
Strickler v. Greene, 527 U.S. 263 (Brady materiality and prejudice standard)
People v. Garrett, 23 N.Y.3d 878 (discusses materiality and disclosure obligations under Brady)
People v. Ennis, 11 N.Y.3d 403 (impeachment evidence and materiality analysis)
People v. Fuentes, 12 N.Y.3d 259 (Brady disclosure obligations explained)
People v. Scott, 88 N.Y.2d 888 (prosecution's duty to disclose Brady material)
People v. Baxley, 84 N.Y.2d 208 (Giglio/Brady disclosure for impeachment evidence)