People v. Davis

OPINION OF THE COURT

William J. Burke, J.

This is an appeal from an order of the Syracuse City Court (Mariani, J.) dated October 3, 1980 dismissing the prosecutor’s information charging the above-named defendant with having committed the misdemeanor crime of criminal possession of stolen property in the third degree. The dismissal was based upon the People’s failure to comply with section 450.10 of the Penal Law and their inability to meet their heavy burden of establishing that the failure to preserve the evidence was not intentional, deliberate or in bad faith (see People v Davis, 105 Misc 2d…