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PEOPLE v. DENNIS

55 A.D.3d 385 (2008)

866 N.Y.S.2d 28

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DENNIS, Appellant.

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

October 16, 2008.

Defendant abandoned his request for an adverse inference charge concerning a missing police document when he expressly agreed to an alternative remedy fashioned by the court, in which the parties stipulated to the content of the missing document. Under the circumstances of the case, the stipulation was more favorable to defendant than an adverse inference instruction would have been, and the record does not support defendant's present...

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