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PEOPLE v. GERITANO

2013-11100. Ind. No. 260/13.

158 A.D.3d 724 (2018)

71 N.Y.S.3d 531

2018 NY Slip Op 01079

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BATTISTA GERITANO, Appellant.

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

Decided February 14, 2018.

Ordered that the judgment is affirmed.

The defendant's contention that the People violated his Brady rights (see Brady v Maryland, 373 U.S. 83 [1963]) and his right to present a defense by failing to preserve certain surveillance videotape is unpreserved for appellate review, as he failed to raise this claim before entry of the verdict, consented to the Supreme Court giving the jury a missing evidence charge with respect...

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