New York Court of Appeals
The People of the State of New York v. Roger Cwikla, Appellant-Respondent the People of the State of New York v…
February 8, 197946 N.Y.2d 434
Summary
The Court reversed the defendants' convictions and ordered a new trial because the prosecutor failed to disclose exculpatory correspondence with the parole board concerning the chief witness, violating Brady/Giglio duties; it also affirmed that a handkerchief used as a gag is a dangerous instrument under Penal Law and not unconstitutionally vague, and held that the lineup procedures, including compelled wearing of a wig and the use of CPL 60.25, did not violate constitutional rights.