PEOPLE v. PEREZ


255 A.D.2d 403 (1998)

681 N.Y.S.2d 550

The People of the State of New York, Respondent, v. Duane Perez, Appellant

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

November 9, 1998


Ordered that the judgment is affirmed.

We find no error in the trial court's refusal to sanction the People for the destruction of a surveillance videotape prior to trial. There was no showing of bad faith on the part of the People, and the evidentiary value of the videotape was questionable. Photographs of two frames from the videotape were admitted into evidence, and there was testimony that the quality of these photographs equaled that of the videotape. Defense...

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