N.Y. CPL Law § 245.80

§ 245.80 Remedies or sanctions for non-compliance.\n 1. Need for remedy or sanction. (a) When material or information is\ndiscoverable under this article but is disclosed belatedly, the court\nshall impose a remedy or sanction that is appropriate and proportionate\nto the prejudice suffered by the party entitled to disclosure.\nRegardless of a showing of prejudice the party entitled to disclosure\nshall be given reasonable time to prepare and respond to the new\nmaterial.\n (b) When material or information is discoverable under this article\nbut cannot be disclosed because it has been lost or destroyed, the court\nshall impose an appropriate remedy or sanction if the party entitled to\ndisclosure shows that the lost or destroyed material may have contained\nsome information relevant to a contested issue. The appropriate remedy\nor sanction is that which is proportionate to the potential ways in\nwhich the lost or destroyed material reasonably could have been helpful\nto the party entitled to disclosure.\n 2. Available remedies or sanctions. For failure to comply with any\ndiscovery order imposed or issued pursuant to this article, the court\nmay make a further order for discovery, grant a continuance, order that\na hearing be reopened, order that a witness be called or recalled,\ninstruct the jury that it may draw an adverse inference regarding the\nnon-compliance, preclude or strike a witness's testimony or a portion of\na witness's testimony, admit or exclude evidence, order a mistrial,\norder the dismissal of all or some of the charges provided that, after\nconsidering all other remedies, dismissal is appropriate and\nproportionate to the prejudice suffered by the party entitled to\ndisclosure, or make such other order as it deems just under the\ncircumstances; except that any sanction against the defendant shall\ncomport with the defendant's constitutional right to present a defense,\nand precluding a defense witness from testifying shall be permissible\nonly upon a finding that the defendant's failure to comply with the\ndiscovery obligation or order was willful and motivated by a desire to\nobtain a tactical advantage.\n 3. Consequences of non-disclosure of statement of testifying\nprosecution witness. The failure of the prosecutor or any agent of the\nprosecutor to disclose any written or recorded statement made by a\nprosecution witness which relates to the subject matter of the witness's\ntestimony shall not constitute grounds for any court to order a new\npre-trial hearing or set aside a conviction, or reverse, modify or\nvacate a judgment of conviction, in the absence of a showing by the\ndefendant that there is a reasonable possibility that the non-disclosure\nmaterially contributed to the result of the trial or other proceeding;\nprovided, however, that nothing in this section shall affect or limit\nany right the defendant may have to a reopened pre-trial hearing when\nsuch statements were disclosed before the close of evidence at trial.\n