2 No. 77
   The People &c.,
   Respondent,
   v.
   Kevin Jenkin
   s Appellant.
     _________________________________________________________________

   2002 NY Int. 79

   June 13, 2002

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.

   Erica Horowitz, for appellant.
   Morgan J. Dennehy, for respondent.
     _________________________________________________________________

   SMITH, J.:

   The issue here is whether the trial court abused its discretion by
   denying defendant's motion for preclusion of evidence contained in a
   ballistics report that was allegedly first disclosed after defendant
   had begun to present his defense. Because we conclude that the Trial
   Court did not abuse its discretion and defendant was not unduly
   prejudiced, we affirm the order of the Appellate Division.

   Defendant was convicted of second degree murder and sentenced to 25
   years to life in prison for events occurring on March 31, 1992 in
   Brooklyn. The People introduced evidence that the deceased, Mark
   Carroll, told Carl Grant that he could no longer sell drugs on a
   particular corner because Carroll and his friends wanted to sell drugs
   there. Shortly thereafter, Grant returned to the corner with several
   other persons. Carroll and Grant began to fight and while they were
   fighting, defendant pulled a gun from his jacket and fired several
   shots. Carroll was shot and killed and three others were wounded.

   According to the prosecution, defendant was the sole gunman.
   Defendant, however, contended that the eyewitnesses to the shooting
   had falsely identified him as the shooter. Defendant also argued that
   there were several shooters involved in the incident and that the
   decedent had been caught in a crossfire between the rival groups.

   There is no question that the People disclosed the existence of a
   ballistics report in their Voluntary Disclosure Form dated October 1,