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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
CourtAppellate Term, Second Department
DecidedSeptember 24, 2026
Citation2026 NY Slip Op 51596[U]
Area of lawCriminal Procedure
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 51596[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id928

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/

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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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Published September 24, 2026. Updated September 24, 2026.