Legal Opinion

People v. Poladian

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1990PublishedCited by 4 opinions

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

  1. People v. KellyNew York Court of Appeals · 1984
  2. People v. ShannonAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by4 opinions

  1. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. BoylesAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. SpotoAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996

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