People v. Selassie

OPINION OF THE COURT

Dominic R. Massaro, J.

The question presented is whether a defendant should be precluded from an otherwise acceptable evidentiary submission but for a governmental failing. Based on the court’s analysis, such a ruling would offend fundamental tenets of fairness inherent in criminal jurisprudence.

Upon trial of this action, the defense sought to introduce *617into evidence a New York City Police Department complaint report, commonly known as form UF-61. The document was prepared by a civilian employee of the police department, based upon information provided to that employee by a…