The court improperly precluded defendant from calling a witness, as a sanction for defendant's failure to serve an alibi notice. The People correctly concede that it was an abuse of discretion to impose the drastic sanction of preclusion rather than offering the People a short adjournment pursuant to CPL 250.20 (3), in that defendant had not acted willfully or prejudiced the People, who were already aware of the witness's grand jury and suppression hearing testimony and her...
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