Ordered that the judgment is reversed, on the law, and a new trial is ordered.
We agree with the defendant's contention that the trial court's refusal to give an adverse inference charge concerning evidence discarded by the People was erroneous and requires that the defendant be given a new trial, in light of the People's heavy reliance on the items discarded to prove his guilt. The People have an affirmative obligation to preserve all discoverable evidence within...
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