People v. Diaz
Appellate Division of the Supreme Court of the State of New York
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
- People v. MartinezNew York Court of Appeals · 1988
- People v. KellyNew York Court of Appeals · 1984
- People v. JenkinsNew York Court of Appeals · 2002
- People v. PeraltaAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
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- McAddley v. Western Beef Props., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- People v. BoatengAppellate Division of the Supreme Court of the State of New York · 2018