Brief filed: 11/18/2016
Friedman v. Rice
New York Court of Appeals; Case No. APL-2016-00072
Case below 134 A.D.3d 826 (App. Div. 2d Dep't 2015).
FOIL is an indispensable tool for criminal defendants who have been denied access to exculpatory evidence. Criminal defendants in New York are routinely denied exculpatory information. FOIL has proven crucial in ensuring criminal defendants obtain exculpatory information to which they are entitled. The Second Department's decision is inconsistent with the law and policy of this state. The Second Department's decision is contrary to the legislature's intent. The Second Department's decision is contrary to legislative proposal to reform criminal discovery.
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Ben A. Schatz, Center for Appellate Litigation, New York, NY; Richard D. Willstatter, White Plains, NY; Brendan White, NYSACDL, New York, NY.