PEOPLE v. RIVERA


210 A.D.2d 178 (1994)

620 N.Y.S.2d 365

The People of the State of New York, Respondent, v. Enrique Rivera, Appellant

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

December 27, 1994


Defendant's motion for a mistrial was properly denied. When the People elicited a statement made by defendant to the complainant, notwithstanding the People's previous disclaimer, in their response to a discovery demand, of the existence of such statements, this turn of events did not require any type of remedy (see, CPL 240.70 [1]), because statements to a civilian witness are nondiscoverable (CPL 240.20 [1] [a]) and because defense strategy was totally unaffected...

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