People v. Scott

In the past, the prosecutor’s nonproduction of physical evidence at a preliminary hearing or trial *342has been labeled as failure to produce the best evidence (People v Campbell, 69 Misc 2d 808).

The defense in this case objects to the nonproduction of such evidence and asserts that the prosecutor’s failure to produce such evidence denies the defendant effective assistance of counsel, deprives defendant of due process, and introduces hearsay into the preliminary hearing in violation of CPL 180.60 (subd 8).

The occasion for these accusations arose out of a charge of shoplifting. A department store…