People v. Allgood

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

Having been. convicted after a jury trial of sexual misconduct, defendant now argues that his right to due process of law was violated when a "rape kit” that included spermatozoa taken from the complainant’s person and underpants was destroyed by the police department property clerk. The "rape *813kit” had been vouchered before defendant’s arrest and, consequently, was labeled "investigatory” rather than evidence to be held for trial. As a result of an oversight, the "rape kit’s” label was not changed when defendant…