PEOPLE v. RODRIGUEZ


5 A.D.3d 331 (2004)

773 N.Y.S.2d 556

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO RODRIGUEZ, Also Known as PETER DIAMOND, Appellant.

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

March 30, 2004.


The court properly exercised its discretion in declining to preclude, as a sanction for an alleged late disclosure, certain photographs of defendant taken during his arrest processing. The pictures depicted him as wearing a distinctive jacket that became relevant to the case when defendant testified that at the time of his arrest he was wearing attire different from that depicted in the photograph. There was no indication of bad faith, and there was no genuine surprise because...

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