Brady Offense No. 1748300919 - 1560273535

Richard Hy

Buffalo Police Department

68 Court Street

Buffalo, New York 14202

(716) 851-4444

https://www.bpdny.o…

Date of Offense

December 31, 2024

Offense(s)

Supporting Document(s)

Letter regarding Executive Law § 75(5)(b) Referral of Police Officer Richard Hy OAG Matter No. 1-793388787

Official Statement

New York State Attorney General’s Office of Special Investigation (OSI), acting under its mandate to investigate and report on law enforcement misconduct, issued a formal report identifying a pattern of excessive force, unprofessional conduct, and behavioral misconduct by Officer Richard Hy of the Buffalo Police Department. The findings were the result of an extended review of multiple incidents over several years, including off-duty violence, abuse of position, and violations of departmental policies.

The OSI report concluded that Officer Hy had demonstrated a recurring inability or unwillingness to comply with constitutional standards of policing, and that his behavior posed a substantial concern for both public trust and prosecutorial integrity. The Office explicitly recommended remedial training in use-of-force protocols and de-escalation techniques, citing his repeated failure to apply such methods in the field.

This formal and comprehensive review by a state oversight authority constitutes clear Brady material. The documented findings of misconduct are directly relevant to any legal proceeding in which Officer Hy's reports, testimony, or sworn statements may be offered into evidence. His pattern of unlawful and unprofessional conduct undermines his credibility and impeaches his character for truthfulness—a foundational requirement under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).

The nature of the report, including its official status and evidentiary basis, mandates disclosure to defense counsel in every criminal case where Officer Hy was or is expected to be a witness or affiant. To omit or fail to disclose this would constitute a knowing violation of prosecutorial ethics and due process obligations.

New York Freedom of Information Law

Article 6 (Sections 84-90)

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