People v. Hill

Full title: The People, etc., respondent, v. Sam Hill, appellant. (Ind. No. 2110/97)

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1999

265 A.D.2d 426 (N.Y. App. Div. 1999)

697 N.Y.S.2d 627

Opinion

Argued June 22, 1999

October 12, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.).

ORDERED that the judgment is affirmed.

The court properly denied the defendant's motion for a mistrial. The court's adverse inference charge was an appropriate remedy for the People's failure to timely comply with the defendant's discovery demand ( see, CPL 240.20[c], 240.70; People v. Cunningham, 189 A.D.2d 821, 822; People v. Vargulik, 130 A.D.2d 530, 531).

The defendant's remaining contention is without merit.

THOMPSON, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.