What is the test for a defendant to request the disclosure of evidence in a civil case?
The following excerpt is from People v. McCray, 12 N.E.3d 1079, 2014 N.Y. Slip Op. 02970, 23 N.Y.3d 193, 989 N.Y.S.2d 649 (N.Y. 2014):
to the disclosure of evidence favorable to his case where the evidence is material (373 U.S. at 87, 83 S.Ct. 1194 ). In New York, the test of materiality where, as here, the defendant has made a specific request for the evidence in question is whether there is a reasonable possibility that the verdict would have been different if the evidence had been disclosed (People v. Vilardi, 76 N.Y.2d 67, 77, 556 N.Y.S.2d 518, 555 N.E.2d 915 [1990] ).
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