From Casetext: Smarter Legal Research

People v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 501 (N.Y. App. Div. 1997)

Opinion

January 21, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered September 13, 1994, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Before: Miller, J. P., Santucci, Joy and Krausman, JJ.


Ordered that the judgment is affirmed.

The defendant's claim that he was entitled to an adverse inference charge because the People failed to preserve and make available to him a portion of the prerecorded money, is unpreserved for appellate review ( see, CPL 470.05; People v Durio, 175 AD2d 842, 843; People v Hentley, 155 AD2d 392, 394; People v Wilson, 156 AD2d 1002). In any event, the claim is without merit. The trial court gave the defense counsel generous leeway to raise the absence of the money as a credibility issue, and instructed the jury that it could consider all of the evidence or lack of evidence in reaching its verdict ( see, People v Franco, 189 AD2d 589, 590). Further, there is no evidence that the defendant was prejudiced. Nor is the defendant entitled to dismissal of the charges based on the failure to preserve the prerecorded money. Dismissal is a drastic remedy for the People's failure to preserve evidence ( see, People v Haupt, 71 NY2d 929, 931), and there is no basis here for invoking such a remedy.

The defendant's sentence was not excessive ( see, People v Suitte, 90 AD2d 80).


Summaries of

People v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 501 (N.Y. App. Div. 1997)
Case details for

People v. Morrison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MORRISON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 21, 1997

Citations

235 A.D.2d 501 (N.Y. App. Div. 1997)
653 N.Y.S.2d 357

Citing Cases

People v. Walker

The court exercised sound discretion in denying defendant's motion for a mistrial with prejudice, after it…

People v. Maddox

A photocopy of the $10 bill was furnished to defendant and admitted into evidence at trial; the bill itself…