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PEOPLE v. STUBBS

154 Misc.2d 792 (1992)

The People of the State of New York, Plaintiff, v. Raymond Stubbs, Defendant.

City Court of Rochester.

June 24, 1992

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (Kathryn E. Rubi of counsel), for defendant. Howard R. Relin, District Attorney of Monroe County, Rochester (Joseph M. Shur of counsel), for plaintiff.

JOHN R. SCHWARTZ, J.

The issue here is what sanctions should be imposed upon the prosecution of this action as a result of the failure to give a police report to the defendant and the deliberate destruction of potential Brady material (Brady v Maryland, 373 U.S. 83) by an investigating police officer. Should the court order a new trial or dismiss the charges outright...

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