PEOPLE v. SCOTT


235 A.D.2d 317 (1997)

653 N.Y.S.2d 309

The People of the State of New York, Respondent, v. Joseph Scott, Appellant

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

January 23, 1997


The court properly denied defendant's request for dismissal or other sanctions requested by defendant for the failure of the police to preserve the Vitullo kits, containing physical evidence taken from his victims. "[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process." (Arizona v Youngblood, 488 U.S. 51, 58; see also...

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