People v. Brown

While I agree with the majority’s conclusion that the judgment of conviction must be reversed, my rationale differs from that of the majority. First, in my view, the majority’s reliance on Taylor v Illinois (484 US 400), United States v Nobles (422 US 225), People v Bembry (258 *611AD2d 921, lv denied 93 NY2d 897) and People v Byrd (239 AD2d 277, lv denied 90 NY2d 902) is misplaced. Those cases involve the exercise of a court’s discretion to preclude a prospective defense witness when the defendant has failed to take the proper initiative to comply with a discovery order or a statutory mandate…