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Order — No. 7:23-cr-00662 (Dkt. 95, S.D.N.Y.)

Summary

An order in United States v. Glenroy Walker, 7:23-cr-00662-CS, in the U.S. District Court for the Southern District of New York, filed December 22, 2023 as Document 95 (3 pages) and dated December 20, 2023, from Magistrate Judge Victoria Reznik. Entered under Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, it confirms the Government's obligation to disclose information favorable to the accused under Brady v. Maryland and impeachment information under Giglio v. United States. It lists the steps the Court may take if the Government fails to comply, from a continuance to dismissal of charges.

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“Order — No. 7:23-cr-00662 (Dkt. 95, S.D.N.Y.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-7-23-cr-00662-dkt-95-s-d-n-y-c50e6e5cd3/, SHA-256 7ea13e2cec295a668cc8b5b9c6b4af7b5285e146e70810ae4203d7e595af463e.

Full text

               Case 7:23-cr-00662-CS Document 95 Filed 12/22/23 Page 1 of 3



UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 UNITEE) STATES OF AMERICA,

                            -v-

 Glenroy Walker                                                                             ORDER
 Howard Levy
                                                                                      7:23-cr-00662-CS
                                               Defendant(s).




Victoria Reznik, United States Magistrate Judge:

        This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due


Process Protections Act, Pub. L. No 116-182, 134 Stat. 894 (Oct. 21, 2020), to confirm the


Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its


progeny, and to summarize the possible consequences of violating those obligations.


        The Government must disclose to the defense all information "favorable to an accused" that


is "material either to guilt or to punishment" and that is known to the Government. Id. at 87, This


obligation applies regardless of whether the defendant requests this information or whether the


information would itself constitute admissible evidence. The Government shall disclose such


information to the defense promptly after its existence becomes known to the Government so that


the defense may make effective use of the information in the preparation of its case.


        As part of these obligations, the Government must disclose any information that can be used


to impeach the trial testimony of a Government witness within the meaning ofGiglio v. United


States, 405 U.S. 150 (1972), and its progeny. Such information must be disclosed sufficiently in


advance of trial in order for the defendant to make effective use of it at trial or at such other time as


the Court may order.




 This Order does not purport to set forth an exhaustive list of the Government's disclosure obligations.
              Case 7:23-cr-00662-CS Document 95 Filed 12/22/23 Page 2 of 3



         The foregoing obligations are continuing ones and apply to materials that become known to


the Government in the future. These obligations also apply to information that is otherwise subject


to disclosure regardless of whether the Government credits it.


         In the event the Government believes that a disclosure under this Order would compromise


witness safety, victim rights, national security, a sensitive law-enforcement technique, or any other


substantial government interest, it may apply to the Court for a modification of its obligations,


which may include in camera review or withholding or subjecting to a protective order all or part of


the information otherwise subject to disclosure.


         For purposes of this Order, the Government has an affirmative obligation to seek all


information subject to disclosure under this Order from all current or former federal, state, and local


prosecutors, law enforcement officers, and other officers who have participated in the prosecution,


or investigation that led to the prosecution, of the offense or offenses with which the defendant is


charged.


         If the Government fails to comply with this Order, the Court, in addition to ordering


production of the information, may:


        (1) specify the terms and conditions of such production;

        (2) grant a continuance;

        (3) impose evidentiary sanctions;

        (4) impose contempt or other sanctions on any lawyer responsible for violations of the
             Government's disclosure obligations, or refer the matter to disciplinary authorities;

        (5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or

        (6) enter any other order that is just under the circumstances.




 The Classified Information Procedures Act sets forth separate procedures to be followed in the event that the
Government believes matters relating to classified information may arise in connection with the prosecution. See 18
U.S.C.app.3 §§ 1 etseq.
                                                          2
          Case 7:23-cr-00662-CS Document 95 Filed 12/22/23 Page 3 of 3



      SO ORDERED.

Dated: December 20, 2023

      White Plains, NY
                                               s/VR

                                              United States Magistrate Judge

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