People v. Perry

Judgment unanimously modified on the law and as modified affirmed, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The trial court fashioned appropriate sanctions for the failure of the police to comply with Penal Law § 450.10 before returning property to the victim. The police did not act in bad faith and defendant *1157failed to demonstrate sufficient prejudice resulting from the failure to preserve the evidence to justify the drastic remedy of dismissal (see, People v Kelly, 62 NY2d 516; People v Nieves, 133 AD2d 234, lv…