PEOPLE v. CHARLTON

2008-06365

69 A.D.3d 647 (2010)

893 N.Y.S.2d 167

2010 NY Slip Op 168

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL CHARLTON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 5, 2010.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not entitled to the imposition of a sanction against the prosecution for its failure to preserve a video segment purporting to show the crimes in progress, which was contained in a private video surveillance system owned by the complainant's employer and was automatically overwritten by the surveillance system one week later. The lost video segment had never been in the possession...

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