The trial court correctly declined to issue an adverse inference charge for the undisputedly nonnegligent destruction of Rosario material (see CPL 240.45) due to the flooding of a police facility during Hurricane Sandy in 2012. Even assuming that the loss of this material prejudiced the defense, "[t]he loss of evidence as the result of a natural disaster cannot be attributed to the People" (People v Thompson,
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PEOPLE v. REYES
3672, 3051/12.
149 A.D.3d 478 (2017)
2017 NY Slip Op 02760
49 N.Y.S.3d 890
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODERICK REYES, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 11, 2017.
Decided April 11, 2017.
Appellate Division of the Supreme Court of New York, First Department.
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