People v. Nelson

The court did not improvidently exercise its discretion in denying the defendant’s request for an adverse inference charge as a sanction for the People’s failure to provide to the defense an allegedly missing photograph of a bag of marijuana taken by a detective. The defendant failed to develop a record establishing a factual basis that the alleged photograph existed (see People v Banks, 74 AD3d 1214, 1215 [2010]; People v Young, 61 AD3d 786 [2009]; People v Smith, 33 AD3d 462 [2006]; People v Brown, 286 AD2d 340 [2001]).

The prosecutor improperly went outside of the four corners of the…