People v. Marshall

The charge is petit larceny. The defendant allegedly stole one reversible drill and one sander from Korvettes Department Store. The matter came before the court on April 20, 1977, for trial. The case was marked ready by the People and the defendant. Just prior to jury selection defense counsel made a motion to dismiss on the following facts which are not disputed by the People. He stated that the evidence was not in court and would not be. Korvettes’ security guard on his own initiative took a Polaroid picture of two boxes allegedly containing the evidence and then sold the evidence at the…