People v. Wright, 166 A.D.3d 1022

Defendant Daquan Wright was tried jointly with a codefendant for a shooting that killed a 16‑month‑old struck by a bullet; codefendant was accused of firing the gun.
A witness testified that he saw Wright hand the gun to the codefendant shortly before the shooting. Both defendants were convicted (Wright: criminal possession of a weapon in the second degree).
Defense later learned the witness collected a $2,000 Crime Stoppers reward prior to trial; the People disclosed the witness had received roughly $12,000 in benefits for cooperation.
Defense cross‑examined the witness about benefits, criminal history, pending charges, and inconsistent statements at trial.
Defendant moved for severance; the trial court denied the motion and admitted excerpts of sworn audiotaped statements under the past‑recollection‑recorded exception.
Defendant appealed, arguing Brady violation for nondisclosure of the $2,000 reward, erroneous denial of severance, improper admission of recorded statements, and failure to instruct the jury about use of codefendant homicide evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Brady disclosure of $2,000 Crime Stoppers reward	People: no evidence they knew of the $2,000 reward; other benefits (~$12,000) were disclosed	Wright: nondisclosure of $2,000 reward was Brady material that could impeach witness credibility	Not preserved and without merit — no proof People knew of reward; witness benefits were disclosed and defense cross‑examined extensively; no reasonable possibility result would differ
Severance of joint trial	People: charges properly joined as part of common scheme; same eyewitness supplied proof; defenses not antagonistic	Wright: joint trial prejudiced him; sought severance	Partially unpreserved; court properly denied severance — joinder proper and no antagonistic defenses
Admission of sworn audiotaped statements (past recollection recorded)	People: statements fit past‑recollection‑recorded exception and were admissible	Wright: admission was error	Partially unpreserved; court properly admitted excerpts under past‑recollection‑recorded doctrine
Jury instruction regarding use of codefendant homicide evidence	People: no reversible error; standard instructions sufficient	Wright: court failed to instruct jury not to use codefendant's homicide evidence against him	Unpreserved and without merit

Brady v. Maryland, 373 U.S. 83 (Brady rule: prosecution must disclose evidence favorable to accused)
Giglio v. United States, 405 U.S. 150 (impeachment evidence relating to witness benefits must be disclosed)
People v. Fuentes, 12 N.Y.3d 259 (Brady materiality standard; reasonable possibility test)
People v. Bond, 95 N.Y.2d 840 (no reversal where nondisclosure would not have changed result)
People v. Mahboubian, 74 N.Y.2d 174 (standards for severance; antagonistic defenses)
People v. Taylor, 80 N.Y.2d 1 (past recollection recorded admissibility)
People v. Steadman, 82 N.Y.2d 1 (disclosure obligations concerning evidence affecting credibility)
People v. Vilardi, 76 N.Y.2d 67 (materiality when defendant specifically requests undisclosed evidence)