Legal Opinion
People v. Pfahler
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1992PublishedCited by 16 opinions
1Opinion of the Court
Contrary to defendant’s contention, the court did not err in imposing a sanction other than dismissal of the indictment for the destruction of the tape of the surreptitiously recorded telephone conversation. The determination of an appropriate sanction for the People’s failure to preserve discoverable material is a matter within the trial court’s discretion (People v Kelly, 62 NY2d 516, 521; People v Haupt, 128 AD2d 172, affd *106371 NY2d 929). To determine the appropriate sanction, the trial court must consider a number of factors, including the significance of the missing evidence in the…
2Cases cited5 opinions
- People v. KellyNew York Court of Appeals · 1984
- People v. HauptNew York Court of Appeals · 1988
- People v. ScattareggiaAppellate Division of the Supreme Court of the State of New York · 1989
- People v. HauptAppellate Division of the Supreme Court of the State of New York · 1987
- People v. FryeAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by16 opinions
- People v. JohnAppellate Division of the Supreme Court of the State of New York · 2001
- State v. ScottMissouri Court of Appeals · 1997
- People v. WashingtonNew York Court of Appeals · 2014
- People v. PageAppellate Division of the Supreme Court of the State of New York · 2013
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2010
11 more not listed; retrieve them via the Exa API.