People v. Caquias

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered February 25, 2013, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the third degree, and sentencing him to an aggregate term of five years, unanimously affirmed.

By disclosing just before jury selection a voicemail recording of statements made by the victim, the People failed to timely comply with its discovery obligations. Defendant was not, however, prejudiced because the victim’s statement was identical to his trial testimony and the disclosure did not…