PEOPLE v. THOMAS


12 A.D.3d 383 (2004)

786 N.Y.S.2d 180

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELVIN THOMAS, Appellant.

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

November 1, 2004.


Ordered that the judgment is affirmed.

The trial court properly admitted into evidence an audiotape of a telephone call to the 911 emergency number (hereinafter the 911 audiotape) which the prosecution produced only days before the trial. The extreme sanction of preclusion of evidence is warranted only where undue prejudice will result from the failure to timely produce such evidence (see People v King, 221 A.D.2d 472, 472...

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