Court of Appeals of New York
76 N.Y.2d 67 (1990)
Vilardi (defendant) was convicted of first degree arson and conspiracy. He conspired with two men to set off a pipe bomb below a laundromat. These two men were tried before Vilardi on the same charges. During their trial, a member of the bomb squad who had investigated the basement of the laundromat testified about his report. The report indicated that the investigator initially found no evidence that there had been an explosion. However, upon inspecting the premise a year later, the investigator determined that there had in fact been an explosion. Based in part upon this evidence, the two men were acquitted of first degree arson. Before his trial, Vilardi requested all reports “by ballistics, firearm and explosive experts” concerning the laundromat explosion. The prosecutor sent all the reports except the one by the bomb squad investigator. Vilardi was convicted. While preparing for appeal, Vilardi’s attorney learned of the missing report and made a motion to vacate the conviction. The appellate court ordered a new trial, holding that the report was exculpatory evidence relevant to the case.
Rule of Law
Holding and Reasoning (Kaye, J.)
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