Legal Opinion

People v. Borders

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1990PublishedCited by 4 opinions

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

  1. People v. AngeloAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. WelshAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. LathigeeAppellate Division of the Supreme Court of the State of New York · 1998
  4. Goston v. RiveraDistrict Court, W.D. New York · 2006

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