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Legal Opinion

People v. Cortez

Criminal Court of the City of New York

Decided December 12, 1990PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

Can administrative convenience justify the destruction of subpoenaed evidence? What is the appropriate remedy for the erasure of subpoenaed police communication tapes?

FACTS

The salient facts are not in dispute. Defendant was arrested on April 7, 1990. The arresting officer’s sworn complaint alleges, inter alla, that defendant was driving a stolen 1979 Oldsmobile at the time and place of arrest. A Sprint printout indicates that the officer spoke with his command during the pursuit. The On-Line Booking System (OLBS) arrest worksheet, a form routinely…

2Cases cited32 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Pennsylvania v. RitchieSupreme Court of the United States · 1987
  4. People v. RosarioNew York Court of Appeals · 1961
  5. People v. GissendannerNew York Court of Appeals · 1979

27 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Best v. Police Department of the CiMontana Supreme Court · 2000
  2. People v. Davis, New York County Courts1996
  3. People v. FultonNew York Supreme Court · 1994
  4. People v. BurnetteNew York Supreme Court · 1994
  5. People v. GervaisCriminal Court of the City of New York · 2003

6 more not listed; retrieve them via the Exa API.

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