But an error arising from an "unwitting violation" does not ordinarily warrant dismissal with prejudice. United States v. Hope, 202 F. Supp. 2d 458, 460-61 (2001) (citing United States v. Hernandez, 863 F.2d 239, 244 (2d Cir. 1988)). Moreover, "a truly neglectful attitude" differs from prosecutorial "neglect," which can arise from an avoidable but isolated error.
But an error arising from an "unwitting violation" does not ordinarily warrant dismissal with prejudice. United States v. Hope, 202 F. Supp. 2d 458, 460-61 (2001) (citing United States v. Hernandez, 863 F.2d 239, 244 (2d Cir. 1988)). Moreover, "a truly neglectful attitude" differs from prosecutorial "neglect," which can arise from an avoidable but isolated error.