PEOPLE v. VIRUET

No. 60.

29 N.Y.3d 527 (2017)

81 N.E.3d 828

59 N.Y.S.3d 294

2017 NY Slip Op 04386

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL VIRUET, Appellant.

Court of Appeals of New York.

Decided June 6, 2017.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Leila Hull of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Nancy Fitzpatrick Talcott , Robert J. Masters , John M. Castellano , Joseph N. Ferdenzi and Sharon Y. Brodt of counsel), for respondent.

Chief Judge DiFIORE and Judges RIVERA and FAHEY concur; Judge WILSON dissents in an opinion in which Judge STEIN concurs.


OPINION OF THE COURT

Shortly after a fatal shooting took place, a law enforcement agent collected video surveillance footage of the crime scene but that evidence was lost prior to trial. We now consider whether, as a result, defendant was entitled to an adverse inference jury instruction. We hold that, under the circumstances...

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