PEOPLE v. APONTE


240 A.D.2d 317 (1997)

659 N.Y.S.2d 443

The People of the State of New York, Respondent, v. Rafael Aponte, Appellant

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

June 24, 1997


The court properly declined to impose a sanction for the inadvertent loss of physical evidence during routine police procedures. Despite proper disclosure by the People and the availability of the evidence for defendant's examination, defendant never availed himself of this opportunity. It was not until many months later, after jury selection, when the loss of the evidence was discovered, that defendant moved to dismiss the charges and suddenly claimed that this evidence...

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