PEOPLE v. CANNONIER


236 A.D.2d 619 (1997)

654 N.Y.S.2d 388

The People of the State of New York, Respondent, v. Ivan Cannonier, Appellant

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

February 24, 1997


Ordered that the judgment is affirmed.

In an attempt to steal a $20 bill from the complainant's shirt pocket, the defendant allegedly tore off the pocket, causing the money to fall. At trial, the People produced the shirt, which lacked the pocket, but did not produce the pocket itself.

While the prosecution is obligated to preserve discoverable evidence for inspection by the defense, the imposition of an appropriate sanction for failing to preserve such evidence...

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