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PEOPLE v. CORTEZ

149 Misc.2d 886 (1990)

The People of the State of New York, Plaintiff, v. Ricardo Cortez, Defendant.

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

December 12, 1990

Attorney(s) appearing for the Case

Robert Baum and Ann Moynihan for defendant. Charles J. Hynes, District Attorney (Iris Cross of counsel), for plaintiff.

MICHAEL D. STALLMAN, J.

Can administrative convenience justify the destruction of subpoenaed evidence? What is the appropriate remedy for the erasure of subpoenaed police communication tapes?

FACTS

The salient facts are not in dispute. Defendant was arrested on April 7, 1990. The arresting officer's sworn complaint alleges, inter alia, that defendant was driving a stolen 1979 Oldsmobile...

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