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PEOPLE v. ACOSTA

309 A.D.2d 521 (2003)

765 N.Y.S.2d 35

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL ACOSTA, Appellant.

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

Decided October 7, 2003.

The court properly exercised its discretion in denying defendant's mistrial motion based on the People's alleged violation of Brady v Maryland (373 U.S. 83 [1963]) in failing to make timely disclosure of a tape recording of a 911 call made by the cousin of the complaining witness. Even if this evidence could be considered Brady material, it was disclosed to defendant at a time that permitted the defense to effectively use the...

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