People v. Poladian
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The sanction to be imposed for the *913failure of the People to comply fully with discovery demands until the time of trial is within the sound discretion of the trial court (see, People v Kelly, 62 NY2d 516, 521). Here, considering the lack of bad faith on the part of the People and defendant’s inability to articulate specific prejudice as a result of the untimely disclosure, we cannot conclude that the court abused its discretion by admitting a videotape of which the People had become aware during trial.
The court properly granted the People’s motion to…
2Cases cited3 opinions
- People v. KellyNew York Court of Appeals · 1984
- People v. ShannonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BoylesAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SpotoAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996