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PEOPLE v. HAMLIN

39 A.D.3d 361 (2007)

834 N.Y.S.2d 144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE HAMLIN, Appellant.

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

Decided April 19, 2007.

The court properly exercised its discretion in declining to give an adverse inference instruction concerning the fact that a police officer discarded a photograph of the victim. The officer testified that he did so because the photo was too dark to show anything about the victim's physical condition, and the victim also testified to the poor quality of the photo. Since there is nothing in the record to suggest that this photo might...

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