PEOPLE v. EMMONS


99 Misc.2d 941 (1979)

The People of the State of New York, Plaintiff, v. Craig Joseph Emmons, Defendant.

County Court, Monroe County.

May 31, 1979


Attorney(s) appearing for the Case

Roy W. King and Joseph C. Rinere, Jr., for defendant. Lawrence T. Kurlander, District Attorney (Glenn Pezzulo of counsel), for plaintiff.


DONALD J. MARK, J.

This is an application by the defendant to dismiss the indictment upon the ground that material evidence was destroyed by the police.

The defendant is charged with manslaughter, first degree, and he has interposed the defense of justification. The defendant claims the victim violently forced his way into the defendant's apartment and that he shot the victim in self defense. The same door was also forced open by the police in...

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