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  5. 62 N.Y.2d 516 (1984)
 

PEOPLE v. KELLY

62 N.Y.2d 516 (1984)

The People of the State of New York, Appellant, v. Nathaniel Kelly and Angel Marrero, Respondents.

Court of Appeals of the State of New York.

Decided June 29, 1984.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Jeanne E. Zunich and Mark Dwyer of counsel), for appellant.

Betrand J. Kahn and William E. Hellerstein for Nathaniel Kelly, respondent.

Richard Ware Levitt for Angel Marrero, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

KAYE, J.

The question presented on this appeal is whether dismissal of two informations was an appropriate response to the prosecution's wrongful failure to preserve discoverable evidence. Because less drastic sanctions would have cured any prejudice to defendants, we hold that the court abused its discretion in dismissing the charges.

On the evening of March...

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