People v. Minihan

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law and matter remanded for a new trial.

*777Defendant was involved in an automobile accident on April 18, 1998. He was charged with disobeying no passing markings. At the bench trial, the officer who responded to the scene testified that he had prepared a handwritten accident report but he had destroyed it prior to trial.

Counsel asked the court to take an adverse inference as an appropriate sanction. The court reserved decision on the application. At the conclusion of the trial, the court issued its decision finding…