State v. Smagula

The defendant, Peter Smagula, was found guilty by a jury in Superior Court (Pappagianis, J.) of armed robbery, RSA 636:1. On appeal he asserts that he was denied due process of law under the fourteenth amendment to the United States Constitution and was similarly denied his rights under part I, article 15 of the New Hampshire Constitution when, even though he remained a suspect, the investigating police detective failed to preserve an array of photographs, in accordance with departmental policy, because the victim was unable to identify the defendant in the array as presented. Finding no…