Conviction Vacated in Buy-and-Bust Case

Our client, G.H. was convicted after trial of criminal sale of a controlled substance in the third degree following a buy-and-bust operation.  G.H., who testified at trial, maintained that he had not intended to sell drugs to the undercover but planned to share them with him.  The undercover then grabbed the drugs and threw money in G.H.’s direction.  Our office’s investigation revealed that the officers on the team involved in G.H.’s arrest had more than 40 civil suits alleging misconduct filed against them, none of which were disclosed as Brady material.  In response to a C.P.L. 440.10 motion asserting a Brady violation, the District Attorney’s Office conceded that they knew about 17 of those lawsuits.  Finding these civil suits to be favorable material suppressed by the prosecutor, the Supreme Court, New York County granted the motion and vacated G.H.’s conviction.  Alexandra Mitter and David Bernstein represented G.H.