PEOPLE v. MARKS


208 A.D.2d 865 (1994)

618 N.Y.S.2d 380

The People of the State of New York, Respondent, v. Halvard Marks, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 24, 1994


Ordered that the judgment is affirmed.

If the People fail to exercise care to preserve Rosario material and the defendant is prejudiced by their mistake, the court must impose an appropriate sanction (see, People v Martinez, 71 N.Y.2d 937, 940). "The determination of what is appropriate is committed to the trial court's sound discretion, and while the degree of prosecutorial fault may be considered, the court...

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