Yung-Mi Lee, the Director of Law and Appeals at Brooklyn Defender Services’ Criminal Defense Practice, spoke with the Queens Eagle about a recent appellate decision that highlights New York's discovery laws:

"The 2nd Department's recent decision, People v. Coley, is based on a due diligence standard, which is an objective way for courts to ensure that prosecutors are doing their jobs. There is no flaw or loophole in the law that allowed for this dismissal. This case was not dismissed based on a ‘technicality.’”

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“When the court has to determine whether a police officer has violated a person's constitutional rights, in this case, the Fourth Amendment right to be free from unreasonable searches and seizures, the police officer's credibility is pivotal,” Lee said. “Prior acts of misconduct and prior findings of incredibility are crucial when courts have to make these constitutional determinations. Evidence about credibility, in and of itself, amounts to constitutional importance.”

Read the full article here.