Legal Opinion

People v. Diaz

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

Decided January 22, 2008PublishedCited by 5 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 15, 2006, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of six years, unanimously affirmed.

By delivering an adverse inference charge, the court provided an adequate remedy for a detective’s destruction of certain photographs, and it properly exercised its discretion in denying defendant’s requests for other relief. The victim testified that defendant had held a knife to her neck during the crime, leaving a mark, and that a detective had photographed the…

2Cases cited4 opinions

  1. People v. MartinezNew York Court of Appeals · 1988
  2. People v. KellyNew York Court of Appeals · 1984
  3. People v. JenkinsNew York Court of Appeals · 2002
  4. People v. PeraltaAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by5 opinions

  1. People v. WilliamsAppellate Terms of the Supreme Court of New York · 2012
  2. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2008
  3. McAddley v. Western Beef Props., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  4. McAddley v. Western Beef Props., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  5. People v. BoatengAppellate Division of the Supreme Court of the State of New York · 2018

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