People v. Borders
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant has not shown any prejudice resulting from the failure of the police to follow the written notice requirements of Penal Law § 450.10 (1) prior to releasing the stolen property to its owners. Noncompliance alone is insufficient to require reversal (see, Penal Law § 450.10 [10]) particularly where, as here, defendant did not request permission to examine the property prior to trial (see, People v Welsh, 124 AD2d 301, 304) and did not suffer prejudice or establish that the statutory violation was intentional or in bad faith (see, People v…
2Cases cited3 opinions
- People v. AngeloAppellate Division of the Supreme Court of the State of New York · 1983
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1983
- People v. WelshAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by4 opinions
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1994
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1992
- People v. LathigeeAppellate Division of the Supreme Court of the State of New York · 1998
- Goston v. RiveraDistrict Court, W.D. New York · 2006