PEOPLE v. SCOTT


90 Misc.2d 341 (1977)

The People of the State of New York, Plaintiff, v. Stanley Scott, Defendant.

Criminal Court of the City of New York, Queens County.

April 5, 1977


Attorney(s) appearing for the Case

William J. Gallagher, Laurence Halfond and Stephen Chakwin for defendant. John Santucci, District Attorney (Terence O'Connor and Richard E. Brook of counsel), for plaintiff.


M. MARVIN BERGER, J.

In the past, the prosecutor's nonproduction of physical evidence at a preliminary hearing or trial has been labeled as failure to produce the best evidence (People v Campbell, 69 Misc.2d 808).

The defense in this case objects to the nonproduction of such evidence and asserts that the prosecutor's failure to produce such evidence denies...

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