The government was not at fault when Hurricane Sandy flooded a warehouse where blood evidence from a burglary case was stored, a Manhattan-based state appeals court ruled, and thus the defendant was not entitled to an adverse inference charge to the jury when that evidence was unavailable for trial a few weeks later.
A 3-1 panel of the Appellate Division, First Department, noted in People v. Austin, 1712/10, that the blood had been tested before trial, and an expert testified, based on that test, that DNA in the blood evidence found at the crime scene matched Peter Austin’s DNA.
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