MeVersusShark

MeVersusShark t1_jdxnxa8 wrote

If a judge was allowed to make a determination as to the proper sanction against the state for a missing item of discovery instead of immediately imposing the draconian remedy of 30.30 dismissals, maybe we could have a fair process that doesn't require doubling the workforce of DA's offices. For example, preclude the state from calling a witness if they failed to provide discovery related to that witness.

CPL 245.80 actually appears to provide that framework, but hasn't been effectively utilized because 30.30 accrual has become the default remedy.

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