The People v. Miguel Viruet

This opinion is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 60 The People &c., Respondent, v. Miguel Viruet, Appellant. Leila Hull, for appellant. Nancy Fitzpatrick Talcott, for respondent. GARCIA, J.: Shortly after a fatal shooting took place, a law enforcement agent collected video surveillance footage of the crime scene but that evidence was lost prior to trial. We now consider whether, as a result, defendant was entitled to an adverse inference jury instruction. We hold that, under…