Legal Opinion

People v. Martinez

New York Court of Appeals

Decided February 18, 2014PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

This appeal calls upon us to decide whether the trial judge abused his discretion when he declined to give an adverse inference charge regarding the loss of the handwritten complaint report (commonly referred to as a “scratch 61”) prepared by a police officer who responded to a 911 call reporting a robbery. Defendants Selbin Martinez (Selbin) and Christopher Martinez (Christopher) (collectively, defendants) were subsequently convicted of attempted robbery in connection with this incident. For the reasons that follow, we conclude that the judge did not abuse his…

2Cases cited13 opinions

  1. Jencks v. United StatesSupreme Court of the United States · 1957
  2. People v. RosarioNew York Court of Appeals · 1961
  3. People v. MartinezNew York Court of Appeals · 1988
  4. People v. RanghelleNew York Court of Appeals · 1986
  5. People v. ConsolazioNew York Court of Appeals · 1976

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3Cited by33 opinions

  1. The People v. Everett M. DurantNew York Court of Appeals · 2015
  2. People v. OlsonAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. AustinAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 2020

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