People v. Bakari

Justice MULLARKEY,

specially concurring:

Although I concur in the majority’s conclusion that the evidence should not have been suppressed, I write separately to emphasize that suppression of evidence because of prosecutorial misconduct may be an appropriate sanction. See People v. Shannon, 683 P.2d 792, 794-95 (Colo.1984) (affirming trial court’s exclusion of rebuttal testimony because of prosecutor’s failure to comply with Crim.P. 16). The trial court must exercise its sound discretion in fashioning an appropriate remedy for pros-ecutorial misconduct with due regard for the “significant public…