People v. Ambrose
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Contrary to defendant’s contention, the record supports County Court’s determination *952in this bench trial that the complainant’s deposition was inadvertently lost and that, despite efforts to locate the deposition, it was not available for use at trial (see, People v Walker, 258 AD2d 964, lv denied 93 NY2d 981). The court’s decision to sanction the People therefor by drawing an adverse inference with respect to complainant’s trial testimony was a proper exercise of the court’s discretion (see generally, People v Banch, 80 NY2d 610, 616; People v…
2Cases cited3 opinions
- People v. MartinezNew York Court of Appeals · 1988
- People v. BanchNew York Court of Appeals · 1992
- Liberty Healthcare Management Group, Inc. v. FaheyAppellate Division of the Supreme Court of the State of New York · 1999