PEOPLE v. MILLER


156 Misc.2d 824 (1993)

594 N.Y.S.2d 978

The People of the State of New York, Plaintiff, v. Andre D. Miller, Defendant.

Supreme Court, Queens County.

February 2, 1993


Attorney(s) appearing for the Case

Legal Aid Society, Kew Gardens (Robert M. Baum and David Friedman of counsel), for defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Paul Schraeter of counsel), for plaintiff.


DAVID GOLDSTEIN, J.

The issue, apparently one of first impression, is whether the loss of a "rape kit," either by a hospital or by the police, requires the imposition of a sanction. Under the circumstances of this case, the court finds that imposition of an appropriate sanction is required here.

Defendant stands indicted, inter alia, for rape in the first degree and sexual abuse in the first degree. It is alleged that,

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