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People v. Santiago

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 1994
200 A.D.2d 370 (N.Y. App. Div. 1994)

Opinion

January 6, 1994

Appeal from the Supreme Court, Bronx County (Dominick Massaro, J.).


No objection was taken to evidence that the defendant had previously beaten and threatened the deceased, his girlfriend, and therefore the issue is not preserved. With respect to the blanket in which the deceased's body was found wrapped, it is undisputed that the failure to preserve the evidence was attributable to the Medical Examiner's Office, not law enforcement personnel. In any event, photographs of the blanket were preserved, and defendant has not demonstrated actual prejudice which would have warranted imposition of a sanction (see, People v. Kelly, 62 N.Y.2d 516, 520).

We have examined defendant's remaining arguments and find them to be without merit.

Concur — Murphy, P.J., Kupferman, Asch and Nardelli, JJ.


Summaries of

People v. Santiago

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 1994
200 A.D.2d 370 (N.Y. App. Div. 1994)
Case details for

People v. Santiago

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SANTIAGO…

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

Date published: Jan 6, 1994

Citations

200 A.D.2d 370 (N.Y. App. Div. 1994)
606 N.Y.S.2d 200

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