The trial court properly determined that the failure of the prosecution to furnish the defense with a list of mug shots resembling defendant was attributable to either loss or destruction. The court considered the degree of prosecutorial fault and resulting prejudice to the defendant, and imposed an appropriate sanction in the form of an adverse inference charge (People v Banch,
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PEOPLE v. CABALLERO
199 A.D.2d 221 (1993)
605 N.Y.S.2d 301
The People of the State of New York, Respondent, v. Albert Caballero, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 30, 1993
December 30, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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