Law360 (June 10, 2026, 8:01 PM EDT) -- A doctor convicted of sexually abusing his patient and other crimes is entitled to a new trial, a New York state appeals court said Wednesday, finding the state failed to disclose social work notes in a timely fashion, which substantially prejudiced the doctor's case.

A four-justice panel said in its unanimous opinion that Jamil Ibrahim "correctly contends that he is entitled to a new trial based on the people's belated disclosure of certain notes between the complainant and social workers describing therapy sessions."

Ibrahim was accused of abusing a patient during an examination and entering his former employer's property without authorization after being suspended and accessing the alleged victim's medical records.

Ibrahim's attorney, Robert Osuna, explained to Law360 in a phone interview that the alleged victim in the case was seeing social workers at the Brooklyn District Attorney's Office, and even though the office clearly knew there were materials related to this treatment that should have been disclosed as part of discovery, they never gave Osuna the records.

Though Osuna said he was happy with the court's decision, he said his client was "still grossly prejudiced" because "if I had been given this material a week before the trial started, I would have filed a speedy trial motion, and this case would have already been dismissed."

As it stands, Osuna said, he will now have to research whether he can still file a speedy trial motion since the delay in obtaining discovery was all due to prosecutors.

"Nobody wants to do a trial twice. It's never nice for a complainant, or witnesses, and it's not ideal from a societal point of view," Osuna said, noting he always encourages trial judges to try to get things right initially.

However, in this case, Osuna said at least the appeals court correctly delivered its opinion.

The appeals court said Wednesday the notes in question were written by social workers employed by the state "and their notes at all times had been in the people's possession. The people must turn over to the defense any prior statements by a witness which relate to the subject matter of that witness's testimony for use on cross-examination ... The material must be provided at a time when it can be useful to the defense."

In this case, that did not happen, according to the panel.

"In light of the substantial prejudice to the defendant that resulted from the late disclosure," the panel said, a new trial was required.

Ibrahim was convicted by a jury in February 2025. The panel said the trial court correctly allowed witnesses to testify on past sexual abuse allegations against the doctor concerning other patients and declined to grant any of Ibrahim's other arguments.

Osuna said he would be hiring an expert to review the social work documents that were now in his possession, adding there are around 60 pages in total.

 A spokesperson for the Brooklyn District Attorney's office said the office would review the decision. 

Justices Colleen D. Duffy, Paul Wooten, Helen Voutsinas and James P. McCormack sat on the panel for the Appellate Division.

New York is represented by Leonard Joblove, Julian Joiris and Eric Gonzalez of the Brooklyn District Attorney's Office.

Ibrahim is represented by Robert Osuna of the Law Office of Robert Osuna PC.

The case is The People of the State of New York v. Jamil Ibrahim, case number 2025-02044, in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department.

--Editing by Lakshna Mehta. 

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