PEOPLE v. SMITH


186 A.D.2d 368 (1992)

The People of the State of New York, Respondent, v. Fred Smith, Appellant

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

October 1, 1992


For the reasons stated in the codefendant's appeal (People v Boyne, 174 A.D.2d 103), the court erred in denying the request for an adverse inference instruction as to a missing 911 tape, and in giving supplemental instructions without providing defense counsel an opportunity...

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