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PEOPLE v. MALONE

Nos. 5808, 13847C/09.

88 A.D.3d 586 (2011)

931 N.Y.S.2d 294

2011 NY Slip Op 7485

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN MALONE, Appellant.

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

Decided October 25, 2011.

The court properly declined to draw an adverse inference from the People's failure to preserve cell phone photographs that the victim took of her injuries and showed to the prosecutor. The photos were not discoverable under Brady v Maryland (373 U.S. 83 [1963]) because there is no indication they were exculpatory or otherwise favorable to the defense. They were not discoverable under People v Rosario (9 N.Y.2d...

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