Legal Opinion

People v. Hernandez

Appellate Terms of the Supreme Court of New York

Decided April 25, 2003Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

*133In our opinion, the trial court’s refusal to provide the jury with an adverse inference charge as to the People’s alleged failure to produce handwritten notes, taken by an unnamed uniformed officer during a conversation with a witness, did not constitute reversible error. The witness, under cross-examination, simply testified that one of the uniformed officers was writing some notes while she was talking with them shortly after the alleged incident. The witness had no knowledge of the contents of said notes and was not…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. MartinezNew York Court of Appeals · 1988
  3. People v. PooleNew York Court of Appeals · 1979
  4. People v. SorbelloAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2000

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