PEOPLE v. HANDY

No. 35.

20 N.Y.3d 663 (2013)

988 N.E.2d 879

966 N.Y.S.2d 351

2013 NY Slip Op 2103

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAYSHAWN P. HANDY, Appellant.

Court of Appeals of New York.

Decided March 28, 2013.


Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Janet C. Somes of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and PIGOTT concur; Judge RIVERA taking no part.


OPINION OF THE COURT

SMITH, J.

We hold that when a defendant in a criminal case, acting with due diligence, demands evidence that is reasonably likely to be of material importance, and that evidence has been destroyed by the State, the defendant is entitled to an adverse inference charge.

I

Defendant was charged with three assaults on three different deputy sheriffs, based on events that occurred while defendant was an inmate at the Monroe...

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