PEOPLE v. GILLARD


215 A.D.2d 216 (1995)

626 N.Y.S.2d 167

The People of the State of New York, Respondent, v. Keith Gillard, Appellant

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

May 11, 1995


The victim, who recognized defendant from the neighborhood, immediately made a 911 call to the police, as he did when he saw defendant on two subsequent occasions. As a result of routine police procedure, the three 911 tapes were destroyed 90 days after the transmission, though Sprint reports were found for two of the calls. Prior to trial, when defendant indicated that he would pursue a defense of misidentification, the court indicated that as a sanction for the

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