People v. Jenkins

Goldstein, J.,

dissents and votes to remit the matter to the Supreme Court, Kings County, to hear and report on whether the defendant received a copy of the ballistics report prior to trial, and to hold the appeal in abeyance in the interim, with the following memorandum: CPL 240.20 was enacted to reduce the element of surprise in criminal trials, and its inherent unfairness (see, Governor’s Mem Approving L 1979, ch 413, 1979 NY Legis Ann, at 250). That provision mandates pretrial discovery of ballistics reports (see, People v Cunningham, 189 AD2d 821). Failure to comply renders a party…