Legal Opinion
People v. McCann
New York Supreme Court
Decided October 13, 1982PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert A. Posner, J.
Unlike Lady Macbeth in her unsuccessful effort to wash away the blood stains of guilt,1 defendant McCann seeks out the perpetrator’s blood stains, found by the police at the crime scene and on the victim’s pants.
In a pretrial motion to dismiss the indictment,2 the defendant contends that test results of this evidence would exculpate him. In so doing, the defendant has raised novel issues concerning the duty of the police to preserve potentially exculpatory evidence and whether the People should be sanctioned for their failure to produce such evidence.…
2Cases cited11 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. WadeSupreme Court of the United States · 1967
- United States v. AgursSupreme Court of the United States · 1976
- Moore v. IllinoisSupreme Court of the United States · 1972
- People v. AllweissNew York Court of Appeals · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. ChaneyMissouri Court of Appeals · 1983
- Dabbs v. VergariNew York Supreme Court · 1990
- People v. MolinaCriminal Court of the City of New York · 1983
- People v. PantinoAppellate Division of the Supreme Court of the State of New York · 1984
- Mansour v. AbramsNew York Supreme Court · 1991
7 more not listed; retrieve them via the Exa API.