People v. Kelly

New York Court of Appeals · Decided 1984-06-29

Cited by 285 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Kaye, J. The question presented on this appeal is whether dismissal of two informations was an appropriate response to the prosecution’s wrongful failure to preserve discoverable evidence. Because less drastic sanctions would have cured *519 any prejudice to defendants, we hold that the court abused its discretion in dismissing the…

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