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the exoneration of ray rivera came on july 18, 2015. the new york state supreme court appellate division, fourth department overturned the manslaughter conviction of ray rivera in its decision. the court found that the prosecution had failed to disclose crucial evidence about the informant to the defense, and that the suppressed evidence would have cast a different light on ray rivera s testimony against luis rivera. in overturning the conviction, the court noted that ray rivera s testimony was the only evidence that directly connected luis rivera to the murder. the court also noted that the charges against ray rivera were dismissed after his testimony against luis rivera. the court said, the reasonable inference from the record in this case is that the dismissal of the manslaughter charge against rivera was in recognition of his testimony against defendant. the suppression of the identity of rivera as an informant, the court reasoned, was an intentional effort to hide the real nature of his activities. the court therefore concluded that the state violated its brady obligations and that the true facts relating to rivera s involvement in the murder could not have been developed in the absence of the undisclosed evidence. the court also held that the evidence suppressed by the prosecution was material because it would have undermined rivera s credibility as a witness and would have cast serious doubt on the truthfulness of his testimony that rivera was the shooter. (people v. rivera, 10 ny3d 734, 735 (2010)). the court also determined that the trial court had improperly permitted ray rivera to testify at a pre-trial proceeding. it had held that rivera was not a competent witness because he had a prior felony conviction for selling heroin. the court concluded that his prior conviction put him in a category of persons that were incompetent to testify in the case. (id. at 735).
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