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STATE v. MORALES

(14908)

232 Conn. 707 (1995)

STATE OF CONNECTICUT v. ROBERTO MORALES

Supreme Court of Connecticut.

Decision released April 25, 1995.

Attorney(s) appearing for the Case

Temmy Ann Pieszak, assistant public defender, for the appellant (defendant).

Donald A. Browne, state's attorney, with whom, on the brief, was John Smriga, assistant state's attorney, for the appellee (state).

PETERS, C. J., and CALLAHAN, BORDEN, BERDON and KATZ, JS.

BERDON, J.

The dispositive issue in this appeal is whether, in order to prove a claim that he has been deprived of due process of law under the state constitution, a criminal defendant must prove that the police acted in bad faith in failing to preserve potentially exculpatory evidence.

The defendant, Roberto Morales, was convicted after a court trial of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1),

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