The following excerpt is from People v. Cesar G., 154 Misc.2d 17, 584 N.Y.S.2d 383 (N.Y. City Ct. 1991):
Here, of course, the prosecution has clearly fulfilled its obligation to respond by presenting the evidence within its control to the court and requesting a ruling as to materiality. This court's judgment as to materiality will thus have nothing to do with the need to punish prosecutorial misconduct; it will have to be based entirely upon "the character of the evidence, not the character of the prosecutor." (People v. Vilardi, supra at 82, 556 N.Y.S.2d 518, 555 N.E.2d 915 [Simons, J., concurring],
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