PEOPLE v. JENKINS


284 A.D.2d 550 (2001)

727 N.Y.S.2d 463

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN JENKINS, Appellant.

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

Decided June 25, 2001.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion in refusing to impose the sanction of preclusion for the People's alleged untimely disclosure of a ballistics report. Assuming, as did the trial court, that the People failed to timely disclose the report, there was no showing of undue prejudice or bad faith on the part of the People which would warrant the extreme sanction of preclusion...

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