PEOPLE v. HILL (1999)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Sam HILL, appellant.

Decided: October 12, 1999

WILLIAM C. THOMPSON, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT and NANCY E. SMITH, JJ.

Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Sloan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered April 13, 1998, convicting him of burglary in the third degree, petit larceny, criminal possession of stolen property in the fifth degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

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[1][c], 240.70[1]; People v. Cunningham, 189 A.D.2d 821, 822, 592 N.Y.S.2d 447; People v. Vargulik, 130 A.D.2d 530, 531, 515 N.Y.S.2d 111).

The defendant's remaining contention is without merit.

MEMORANDUM BY THE COURT.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law