The People v. Tashiem Bayard
Annotate this Case
Download PDF
=================================================================
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
----------------------------------------------------------------No. 198
The People &c.,
Respondent,
v.
Tashiem Bayard,
Appellant.
Anastasia Heeger, for appellant.
Karen Schlossberg, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
Prior to trial in this robbery prosecution, the People
turned over a police omniform system complaint report that
included descriptive information relating to the crime and the
- 1 -
- 2 -
No. 198
perpetrators but did not contain the name of the officer that
compiled that information.
Defendant contends that the People's
failure to disclose the officer's identify amounts to a Brady
violation warranting reversal of his conviction.
We disagree.
Assuming that the omitted name had exculpatory or impeachment
value, there is no reasonable possibility that, if the officer's
identify had been discovered, the outcome of the proceedings
would have been different (see People v Vilardi, 76 NY2d 67
[1990]).
The trial court allowed the defense to make significant
use of the unsigned report during cross-examination of the
complainant and lead detective and, as an ameliorative measure,
permitted the defense to challenge the complainant's
identification by admitting a description provided by a nontestifying eyewitness.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Order affirmed, in a memorandum. Chief Judge Lippman and Judges
Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided November 17, 2010
- 2 -
*
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
