PEOPLE v. JOSEPH


86 N.Y.2d 565 (1995)

658 N.E.2d 996

635 N.Y.S.2d 123

The People of the State of New York, Respondent, v. Lesly Joseph, Appellant.

Court of Appeals of the State of New York.

Decided October 31, 1995.


Attorney(s) appearing for the Case

Michael C. Taglieri, Philip L. Weinstein and Daniel L. Greenberg, New York City, for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Linda Cantoni and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and CIPARICK concur with Judge TITONE; Judges BELLACOSA and LEVINE dissent in separate opinions.


TITONE, J.

A witness's pretrial statements must generally be disclosed to the defense before opening argument (see, CPL 240.45), but the failure to make such timely disclosure will not lead to any sanctions if the undisclosed matter is the "duplicative equivalent" of material that has previously been disclosed. The question presented here is whether the latter principle may be applied when a document subject...

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