Legal Opinion
People v. Emmons
New York County Courts
Decided May 31, 1979PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Donald J. Mark, J.
This is an application by the defendant to dismiss the indictment upon the ground that material evidence was destroyed by the police.
The defendant is charged with manslaughter, first degree, and he has interposed the defense of justification. The defendant claims the victim violently forced his way into the defendant’s apartment and that he shot the victim in self defense. The same door was also forced open by the police in order to effect the arrest of the defendant. The police assumed *942custody of the door, had photographs taken and had tests conducted.…
2Cases cited12 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AugenblickSupreme Court of the United States · 1969
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
- People v. MaynardNew York Supreme Court · 1974
- Reehil v. . FraasNew York Court of Appeals · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. KellyNew York Court of Appeals · 1984
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1981
- People v. HauptAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LumpkinsNew York Supreme Court · 1988
- People v. DayNew York District Court · 1979
1 more not listed; retrieve them via the Exa API.