People v. Hayes

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered September 9, 2005, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of two years, affirmed.

The People did not violate their disclosure obligations under Brady v Maryland (373 US 83 [1963]), and defendant is not entitled to dismissal of the indictment on the ground that exculpatory material was permanently lost or destroyed by the police. Defendant raised a justification defense in connection with…