1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 201 A.D.3d
  5. 201 A.D.3d 601 (2022)
 

PEOPLE v. BAILEY

Ind. No. 1190/16. Appeal No. 15180. Case No. 2018-2252.

201 A.D.3d 601 (2022)

157 N.Y.S.3d 730

2022 NY Slip Op 00516

The People of the State of New York, Respondent, v. Jesus Bailey, Appellant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Freshfields Bruckhaus Deringer US LLP, New York ( Jane Peng of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Julia Gorski of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

The court properly denied defendant's request for an adverse inference instruction regarding portions of a restaurant's video surveillance footage that the police did not copy and that were not presented at trial. The essence of defendant's complaint is not about the duty to preserve evidence that has been acquired, but about a nonexistent duty to collect available evidence (see People v Hayes, 17 N.Y.3d...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases