ALBANY – Trial court judges are not bound to give juries an adverse inference charge when the handwritten complaint reports prepared by arresting officers go missing, the state Court of Appeals reiterated Tuesday.
The issue divided the court 4-3 in the case of one defendant, Christopher Martinez, with the majority stressing that uniform remedies should not be dictated where evidence is not turned over to defendants in violation of People v. Rosario, 9 NY2d 286 (1961). Instead, they held that judicial discretion should continue to govern.
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