People v. Beam
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The court did not err in refusing to impose sanctions upon the prosecution for neglecting to turn over Brady material until the commencement of the trial. Defense counsel requested an adjournment so that he could review the Brady material and the court granted the adjournment. Dismissal or preclusion of testimony is too harsh a sanction "where less severe measures can rectify the harm done” (People v Kelly, 62 NY2d 516, 521; see also, People v Nelson, 144 AD2d 714, lv denied 73 NY2d 894; People v Eleby, 137 AD2d 708, lv denied 71 NY2d 1026). Here,…
2Cases cited8 opinions
- People v. KellyNew York Court of Appeals · 1984
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ElebyAppellate Division of the Supreme Court of the State of New York · 1988
- People v. SterlingAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. BignallAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HallAppellate Division of the Supreme Court of the State of New York · 1992
- People v. PerrinAppellate Division of the Supreme Court of the State of New York · 1990
- People v. CrespoAppellate Division of the Supreme Court of the State of New York · 1992
- People v. RowlandCriminal Court of the City of New York · 1992
1 more not listed; retrieve them via the Exa API.