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PEOPLE v. MARTINEZ

No. 13, No. 14

22 N.Y.3d 551 (2014)

6 N.E.3d 586

983 N.Y.S.2d 468

2014 NY Slip Op 1098

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER MARTINEZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SELBIN MARTINEZ, Appellant.

Court of Appeals of New York.

Decided February 18, 2014.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Marisa K. Cabrera of counsel), for appellant in the first above-entitled action.

Robert T. Johnson , District Attorney, Bronx ( Ravi Kantha , Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent in the first above-entitled action.

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Rahul Sharma and Joseph M. Nursey of counsel), for appellant in the second above-entitled action.

Robert T. Johnson , District Attorney, Bronx ( Ravi Kantha , Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent in the second above-entitled action.

In Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Chief Judge LIPPMAN concurs in result in a separate opinion in which Judges RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to decide whether the trial judge abused his discretion when he declined to give an adverse inference charge regarding the loss of the handwritten complaint report (commonly referred to as a "scratch 61") prepared by a police officer who responded to a 911 call reporting a robbery. Defendants Selbin Martinez (Selbin) and Christopher Martinez (Christopher) (collectively, defendants) were subsequently...

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