The court properly exercised its discretion in declining to preclude recorded phone calls made by defendant, notwithstanding that the prosecution did not advise the defense of their existence until the morning of opening statements. There is no basis for disturbing the court's credibility determination that, up until that moment, the prosecutor only intended to use these recordings for possible impeachment. Accordingly, there was no violation of CPL 240.20 (g), which only...
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