Appellate Term, Second Department · September 24, 2026 · 2026 NY Slip Op 51596[U]
People v Scardino
Read the official decision: 2026 NY Slip Op 51596[U]
Holding The certificate of compliance was invalid because the prosecution failed to exercise due diligence in disclosing the detective’s notes before filing it. Consequently, the statement of readiness was illusory, and the People were chargeable with more than 90 days of delay, requiring dismissal of the accusatory instrument.
The court’s words
post-filing disclosure and a supplemental COC cannot compensate for a failure to exercise diligence before the initial COC is filed
2026 NY Slip Op 51596[U], at the official text
a defendant need not demonstrate prejudice [pursuant to CPL 245.80] to obtain speedy trial dismissal based on a failure to timely comply with discovery obligations
2026 NY Slip Op 51596[U], at the official text
the People did not establish that they exercised due diligence prior to filing the initial COC, the trial court should have determined that the COC was improper
2026 NY Slip Op 51596[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | September 24, 2026 |
| Citation | 2026 NY Slip Op 51596[U] |
| Area of law | Criminal Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51596[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 928 |
Recommended citation
ESQ HQ, New York Law Watch, People v Scardino, 2026 NY Slip Op 51596[U] (Appellate Term, Second Department, September 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51596-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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