PEOPLE v. SCOTT


309 A.D.2d 573 (2003)

765 N.Y.S.2d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY SCOTT, Appellant.

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

Decided October 9, 2003.


The court properly declined to impose any sanctions for the failure of the police to preserve allegedly exculpatory evidence (see Brady v Maryland, 373 U.S. 83 [1963]). A general surveillance videotape of Washington Square Park, the scene of the instant drug transaction, was erased pursuant to routine procedure before defendant made his discovery requests. The exculpatory value of the tape is purely speculative (see California v Trombetta...

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