Court of Appeals of New York

When a defendant in a criminal case, acting with due diligence, demands evidence that is reasonably likely to be of material importance, and that evidence has been destroyed by the State, the defendant is entitled to an adverse inference charge, and therefore defendant's conviction for assault is reversed and remanded.

Appellate Information

• Decided 03/28/2013
• Published 03/28/2013

Judges

• SMITH

Court

• Court of Appeals of New York

Counsel