ETKS Partner Brian Shiffrin secures seminal victory at Appellate Division, Fourth Department in People v. Gaskin addressing Discovery Violations by the Prosecution; The First in New York State To Do So

Posted by on July 17, 2023 in Firm News

ETKS Partner Brian Shiffrin was the winning attorney at the Appellate Division, Fourth Department, in People v Gaskin214 AD3d 1353 [4th Dept 2023], in which the Court held that the lack of discovery compliance renders the People unready for trial pursuant to Subdivision of CPL 30.30, regardless of whether the discovery violation prejudiced the defendant.  Gaskin is the first Appellate Division decision to address the issue and is binding on all New York trial level courts.

 

You can read the decision in its entirety by clicking here.