People v. Porter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Further, we reject defendant’s argument that reversal of his conviction and dismissal of the indictment is warranted because the People preserved neither the "buy money” nor the photocopies made of that money. "In the absence of some showing suggesting that [either the 'buy money’ or the photocopies of a part of that money] possessed some exculpatory value, a reversal for the failure to preserve evidence is not required” (People v Frye, 129 AD2d 985, 986, lv denied 72 NY2d 859), especially when, as here, the exculpatory value of the unpreserved evidence is purely speculative (see, People v *1019Sca…
2Cases cited6 opinions
- People v. FordNew York Court of Appeals · 1985
- People v. SanchezNew York Court of Appeals · 1984
- People v. HauptNew York Court of Appeals · 1988
- People v. ScattareggiaAppellate Division of the Supreme Court of the State of New York · 1989
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by6 opinions
- People v. DeboAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MaddoxAppellate Division of the Supreme Court of the State of New York · 1998
- People v. CookNew York Supreme Court · 1993
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BeckerAppellate Division of the Supreme Court of the State of New York · 1995
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