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PEOPLE v. DEAS

208 A.D.2d 467 (1994)

617 N.Y.S.2d 328

The People of the State of New York, Respondent, v. Robert Deas, Also Known as Robert Deaz, Appellant

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

October 27, 1994

The court's adverse inference charge was an appropriate sanction for the People's failure to turn over the notes of a duty captain who interviewed the complainant at the hospital. Defendant waived his appellate argument that the sanction was inadequate because the People failed to carry their burden of establishing that the unproduced material did not exist or was not subject to disclosure by acquiescing in the court's proposed...

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