PEOPLE v. ALLGOOD


70 N.Y.2d 812 (1987)

The People of the State of New York, Respondent, v. Allen Allgood, Appellant.

Court of Appeals of the State of New York.

Decided November 10, 1987.


Attorney(s) appearing for the Case

Florence M. Kerner and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Roseann MacKechnie and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Term should be affirmed.

Having been convicted after a jury trial of sexual misconduct, defendant now argues that his right to due process of law was violated when a "rape kit" that included spermatozoa taken from the complainant's person and underpants was destroyed by the police department property clerk. The "rape kit" had been vouchered before defendant's arrest and, consequently...

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