PEOPLE v. DIAZ


47 A.D.3d 500 (2008)

849 N.Y.S.2d 256

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMMANUEL DIAZ, Appellant.

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

Decided January 22, 2008.


By delivering an adverse inference charge, the court provided an adequate remedy for a detective's destruction of certain photographs, and it properly exercised its discretion in denying defendant's requests for other relief. The victim testified that defendant had held a knife to her neck during the crime, leaving a mark, and that a detective had photographed the mark. The prosecutor then made a belated disclosure that the detective who claimed to have observed such a mark...

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