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Legal Opinion

The People v. Miguel Viruet

New York Court of Appeals

Decided June 6, 2017No. 60PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

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 the circumstances, the trial court erred in failing to provide such an instruction, but that this error was harmless. For that reason, we affirm.

Defendant was charged with, among other things, intentional murder in the second degree and two counts of criminal possession of a…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. KellyNew York Court of Appeals · 1984
  3. People v. HandyNew York Court of Appeals · 2013
  4. The People v. Andrew BlakeNew York Court of Appeals · 2014
  5. People v. ViruetAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by10 opinions

  1. People v. Caden N.Appellate Division of the Supreme Court of the State of New York · 2020
  2. People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. Coger (Michael)Appellate Terms of the Supreme Court of New York · 2019
  4. People v. ColellaAppellate Division of the Supreme Court of the State of New York · 2024
  5. People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2019

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