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PEOPLE v. HAUPT

128 A.D.2d 172 (1987)

The People of the State of New York, Respondent, v. Herbert Haupt, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1987

Attorney(s) appearing for the Case

Joseph F. DeFelice for appellant.

John J. Santucci, District Attorney (Deborah Carlin Stevens of counsel), for respondent.

MOLLEN, P. J., BROWN and SULLIVAN, JJ., concur.

BRACKEN, J.

The principal issue presented for our consideration on this appeal is whether the good-faith loss or destruction of evidence by law enforcement officials over a period of approximately 16 years, during which time the defendant was not competent to stand trial, served to deprive him of a fair trial. We affirm the judgment, holding that, under the circumstances, there was no basis for dismissal of...

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