PEOPLE v. D'ATTORE

593/09. 4296. 4295.

151 A.D.3d 548 (2017)

2017 NY Slip Op 04888

58 N.Y.S.3d 300

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GAETANO D'ATTORE, Appellant.

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

Decided June 15, 2017.


The court providently exercised its discretion in declining to impose any sanction for the inadvertent destruction by the police of three pistols recovered from defendant's house. Due to a clerical error, the weapons were mischaracterized as unconnected with any pending case and thus subject to being destroyed. Despite proper disclosure by the People, long before the pistols were destroyed, defendant never availed himself of the opportunity to examine or test the firearms...

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