2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.80 - Remedies or Sanctions for Non-Compliance.

§ 245.80 Remedies or sanctions for non-compliance.
1.  Need  for remedy or sanction.  (a) When material or information is
discoverable under this article but is disclosed  belatedly,  the  court
shall  impose a remedy or sanction that is appropriate and proportionate
to  the  prejudice  suffered  by  the  party  entitled  to   disclosure.
Regardless  of  a  showing of prejudice the party entitled to disclosure
shall be given reasonable  time  to  prepare  and  respond  to  the  new
material.
(b)  When  material  or information is discoverable under this article
but cannot be disclosed because it has been lost or destroyed, the court
shall impose an appropriate remedy or sanction if the party entitled  to
disclosure  shows that the lost or destroyed material may have contained
some information relevant to a contested issue. The  appropriate  remedy
or  sanction  is  that  which  is proportionate to the potential ways in
which the lost or destroyed material reasonably could have been  helpful
to the party entitled to disclosure.
2.  Available  remedies  or  sanctions. For failure to comply with any
discovery order imposed or issued pursuant to this  article,  the  court
may  make a further order for discovery, grant a continuance, order that
a hearing be reopened, order that  a  witness  be  called  or  recalled,
instruct  the  jury  that it may draw an adverse inference regarding the
non-compliance, preclude or strike a witness's testimony or a portion of
a witness's testimony, admit or  exclude  evidence,  order  a  mistrial,
order  the  dismissal of all or some of the charges provided that, after
considering  all  other   remedies,   dismissal   is   appropriate   and
proportionate  to  the  prejudice  suffered  by  the  party  entitled to
disclosure, or make  such  other  order  as  it  deems  just  under  the
circumstances;  except  that  any  sanction  against the defendant shall
comport with the defendant's constitutional right to present a  defense,
and  precluding  a  defense witness from testifying shall be permissible
only upon a finding that the defendant's  failure  to  comply  with  the
discovery  obligation  or order was willful and motivated by a desire to
obtain a tactical advantage.
3.  Consequences  of  non-disclosure  of   statement   of   testifying
prosecution  witness.  The failure of the prosecutor or any agent of the
prosecutor to disclose any written  or  recorded  statement  made  by  a
prosecution witness which relates to the subject matter of the witness's
testimony  shall  not  constitute  grounds  for any court to order a new
pre-trial hearing or set aside  a  conviction,  or  reverse,  modify  or
vacate  a  judgment  of  conviction,  in the absence of a showing by the
defendant that there is a reasonable possibility that the non-disclosure
materially contributed to the result of the trial or  other  proceeding;
provided,  however,  that  nothing in this section shall affect or limit
any right the defendant may have to a reopened  pre-trial  hearing  when
such statements were disclosed before the close of evidence at trial.