People v. Miller

OPINION OF THE COURT

David Goldstein, J.

The issue, apparently one of first impression, is whether the loss of a "rape kit,” either by a hospital or by the police, requires the imposition of a sanction. Under the circumstances of this case, the court finds that imposition of an appropriate sanction is required here.

Defendant stands indicted, inter alia, for rape in the first degree and sexual abuse in the first degree. It is alleged that, *825on October 18, 1991, defendant, who was known to the complaining witness, forced her into his bedroom where, at gunpoint, he raped and assaulted her. He was…