New York Court of Appeals

The People of the State of New York, Respondent v. Kevin Jenkins, Appellant

June 13, 200298 N.Y.2d 280

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the trial court did not abuse its discretion in refusing to preclude the ballistics report evidence and that the defendant was not prejudiced by any alleged late disclosure. Chief Judge Kaye dissented, arguing that the untimely production of the report caused substantial prejudice and warranted a new trial.