New York Court of Appeals

The People of the State of New York, Respondent v. Vasil Lesiuk, Appellant

July 8, 199381 N.Y.2d 485

Summary

The Court affirmed the Appellate Division’s order, holding that the proper standard for evaluating the materiality of an unavailable informant’s testimony is a “reasonable probability” that the trial outcome would have differed, that the prosecution’s efforts to locate the informant were sufficient, that the eight‑month delay in arrest did not violate due process, and that the trial court did not abuse its discretion in discharging a juror. Justice Hancock, Jr. dissented, arguing that any exculpatory testimony from the informant warrants a new trial.