United States v. Reyes

911 F. Supp. 64, 1996 U.S. Dist. LEXIS 502, 1996 WL 18991
CourtDistrict Court, N.D. New York
DecidedJanuary 10, 1996
Docket5:95-cv-00346
StatusPublished
Cited by2 cases

This text of 911 F. Supp. 64 (United States v. Reyes) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Reyes, 911 F. Supp. 64, 1996 U.S. Dist. LEXIS 502, 1996 WL 18991 (N.D.N.Y. 1996).

Opinion

MEMORANDUM-DECISION and ORDER

MeAVOY, Chief Judge.

I. BACKGROUND

Count One of the superseding indictment charges defendant Andres Reyes with violating 21 U.S.C. §§ 841 and 846 by conspiring to distribute and possess with the intent to distribute crack cocaine. The alleged drug conspiracy existed from June, 1995, until October, 1995, in and around Troy and Albany, New York. Counts Two and Three of the indictment charge defendant with violating 21 U.S.C. § 841 and 18 U.S.C. § 2 by knowingly and intentionally distributing crack cocaine, with another person, in Albany, New York, on August 29, 1995, and September 14, 1995, respectively. Counts Four, Five, and Six of the indictment charge defendant with violating 21 U.S.C. § 841 and 18 U.S.C. § 2 by knowingly and intentionally possessing crack cocaine, with another person, with intent to distribute on August 29, 1995, September 14, 1995, and October 2, 1995, respectively.

On October 5,1995, defendant was brought before U.S. Magistrate Judge Ralph W. Smith, Jr., and arraigned. Defendant was denied bail and has been detained since that date. The following constitutes the Court’s adjudication of defendant’s omnibus pretrial motions.

*65 II. DISCUSSION

A DISCOVERY AND INSPECTION

Defendant moves for discovery and inspection of a variety of material putatively in the government’s possession. The government maintains that it has met all of its Rule 16 discovery obligations and argues that the Court should deny defendant’s requests that exceed the requirements of that Rule.

1.Miscellaneous Evidence

Defendant requests that the Court order the government to comply with prior discovery requests, without providing persuasive reasons for why the government should be ordered to do so. The government assures the Court that defendants have been or will be afforded the opportunity to inspect all of the physical and documentary evidence that the government will seek to introduce at trial.

Otherwise, the Court declines to order production of every item enumerated in defendant’s omnibus motion, but does so in light of the sufficiency, in general, of the government’s good faith representation that it understands and will comply with its obligations. See United States v. Taylor, 707 F.Supp. 696 (S.D.N.Y.1989). The Court also reminds the government that it misapprehends its obligations at its peril and directs the government to err, if at all, in favor of defendant.

2.Brady Exculpatory Material

The government denies knowledge of any Brady exculpatory material at this time but assures the Court that it will be provided to defendant as it becomes known. The Court is satisfied with the government’s apparent good faith, but once again encourages the government to err in favor of defendant when deciding whether to reveal future evidence that may be exculpatory.

3.Government Witness List

a. Legal Standards

The government has no “special right or privilege to control access to trial witnesses,” United States v. Hyatt, 565 F.2d 229, 232 (2d Cir.1977), but Fed.R.Crim.P. 16 does not generally require the government to furnish the names and addresses of its witnesses. United States v. Bejasa, 904 F.2d 187, 139 (2d Cir.), cert. denied, 498 U.S. 921, 111 S.Ct. 299, 112 L.Ed.2d 252 (1990). Nevertheless, a district court has discretion to compel such pretrial disclosure upon a defendant’s specific showing that the government’s witness list is both material to the preparation of the defense and reasonable in light of the surrounding circumstances. Id., 904 F.2d at 139-40 (citing United States v. Cannone, 528 F.2d 296, 301 (2d Cir.1975)). See also United States v. Greater Syracuse Bd. of Realtors, Inc., 438 F.Supp. 376, 381-82 (N.D.N.Y.1977).

b. Application

Defendant has not justified his request for the government’s witness list with anything more than a simple assertion that it would help him to prepare for trial. The general need to prepare for trial does not constitute a sufficiently specific showing of either the necessity or the reasonableness of acquiring the government’s witness list. See United States v. Konefal, 566 F.Supp. 698, 705 (N.D.N.Y.1983).

4.Evidence of Prior and Subsequent Misconduct

Rule 404(b) of the Federal Rules of Evidence allows the admission of evidence of other crimes, wrongs or acts for purposes such as “proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” The rule requires, however, that “the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the Court excuses pretrial notice for good cause shown, of the general nature of any such evidence it intends to use at trial.” Fed.R.Evid. 404(b). See also United States v. Paccione, 949 F.2d 1183, 1199 (2d Cir.1991).

The government has not shown good cause for denying pre-trial notice of prior and subsequent misconduct evidence. Therefore, if the government intends to introduce at trial any such evidence that it has obtained since answering defendant’s motions or that it obtains between today and trial, then in accordance with Rule 404(b), it must give defen *66 dant reasonable notice prior to trial. The Court notes, however, that the government is only required “to apprise the defense of the general nature of the evidence of extrinsic acts,” and that Rule 404(b) does not supersede other admissibility and disclosure rules such as the Jencks act. Nor does Rule 404(b) require the government to reveal the names and addresses of its witnesses. See F.R.E. 404(b) Committee on the Judiciary, Senate Report, notes on 1991 amendment.

B. SUPPRESSION HEARINGS

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Cite This Page — Counsel Stack

Bluebook (online)
911 F. Supp. 64, 1996 U.S. Dist. LEXIS 502, 1996 WL 18991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-reyes-nynd-1996.