PEOPLE v. McINTOSH


184 A.D.2d 662 (1992)

The People of the State of New York, Respondent, v. Marvin McIntosh, Appellant

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

June 15, 1992


Ordered that the judgment is affirmed.

The defendant sought preclusion of virtually the entire prosecution case or an adverse inference charge because of an alleged Rosario violation. The document in question was the arresting officer's application for a departmental commendation, which had been rejected by the precinct captain and thrown out. The Trial Judge correctly ruled that this destruction was inadvertent and that the absence of this document did not...

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