Legal Opinion
People v. Handy
New York Court of Appeals
Decided March 28, 2013PublishedCited by 83 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that 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.
I
Defendant was charged with three assaults on three different deputy sheriffs, based on events that occurred while defendant was an inmate at the Monroe County Jail. Counts one and two referred to alleged assaults on November 8, 2006, and count three to an event on January 8, 2007. Defendant was acquitted on…
2Cases cited14 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- People v. KellyNew York Court of Appeals · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- The People v. Andrew BlakeNew York Court of Appeals · 2014
- The People v. Everett M. DurantNew York Court of Appeals · 2015
- People v. GreshamAppellate Division of the Supreme Court of the State of New York · 2017
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2016
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2016
78 more not listed; retrieve them via the Exa API.