Motion for the production of testimony put before the grand jury in support of the charges of drug distribution, or conspiracy to distribute drugs with the intent to commit rape. This testimony is sought to “avoid a possible injustice”: Nunez’s status as the subject of a prosecution that is not supported by any evidence.
Brief of Amici Curiae National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers.
Argument: 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.