New York Laws
Article 245 - Discovery
245.80 - Remedies or Sanctions for Non-Compliance.

(b) When material or information is discoverable under this article
but cannot be disclosed because it has been lost or destroyed, the court
shall impose an appropriate remedy or sanction if the party entitled to
disclosure shows that the lost or destroyed material may have contained
some information relevant to a contested issue. The appropriate remedy
or sanction is that which is proportionate to the potential ways in
which the lost or destroyed material reasonably could have been helpful
to the party entitled to disclosure.
2. Available remedies or sanctions. For failure to comply with any
discovery order imposed or issued pursuant to this article, the court
may make a further order for discovery, grant a continuance, order that
a hearing be reopened, order that a witness be called or recalled,
instruct the jury that it may draw an adverse inference regarding the
non-compliance, preclude or strike a witness's testimony or a portion of
a witness's testimony, admit or exclude evidence, order a mistrial,
order the dismissal of all or some of the charges provided that, after
considering all other remedies, dismissal is appropriate and
proportionate to the prejudice suffered by the party entitled to
disclosure, or make such other order as it deems just under the
circumstances; except that any sanction against the defendant shall
comport with the defendant's constitutional right to present a defense,
and precluding a defense witness from testifying shall be permissible
only upon a finding that the defendant's failure to comply with the
discovery obligation or order was willful and motivated by a desire to
obtain a tactical advantage.
3. Consequences of non-disclosure of statement of testifying
prosecution witness. The failure of the prosecutor or any agent of the
prosecutor to disclose any written or recorded statement made by a
prosecution witness which relates to the subject matter of the witness's
testimony shall not constitute grounds for any court to order a new
pre-trial hearing or set aside a conviction, or reverse, modify or
vacate a judgment of conviction, in the absence of a showing by the
defendant that there is a reasonable possibility that the non-disclosure
materially contributed to the result of the trial or other proceeding;
provided, however, that nothing in this section shall affect or limit
any right the defendant may have to a reopened pre-trial hearing when
such statements were disclosed before the close of evidence at trial.