In re Robert S

In In re Robert S., 259 A.D.2d 339 (1st Dept., 1999), the Appellate Court held in a juvenile delinquency case that the failure of the presentment agency to turn over a 911 tape at the commencement of the fact finding was not a basis for dismissal of the petition, where the trial court offered to permit the witness who made the 911 call to be recalled to submit to additional cross-examination by the defense once the tape was provided to them.