PEOPLE v. JOHNSON (1997)

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered August 3, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/212 to 9 years, unanimously affirmed.

 In this case, which featured extensive photographic evidence presented by both sides, the trial court properly exercised its discretion when it declined to permit defendant to introduce into evidence a proof sheet of photographs, which were too small and unclear to have any probative value under the circumstances (see People v. Hernandez, 227 A.D.2d 162, 642 N.Y.S.2d 634), and when it refused to grant defendant a continuance, of undetermined length, to secure additional photographic evidence of purely speculative value (see People v. Foy, 32 N.Y.2d 473, 346 N.Y.S.2d 245, 299 N.E.2d 664).  Since the People disclosed their photographic evidence promptly after it came into existence, we reject defendant's argument that the People were in violation of their discovery obligations under CPL article 240.

MEMORANDUM DECISION.