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Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence

Loaded on March 15, 2014 published in Prison Legal News March, 2014, page 36
Filed under: Jail Misconduct, Disciplinary Hearings, Disciplinary Litigation, Evidence, Jury Instructions. Location: New York.
The New York Court of Appeals has held that when a criminal defendant acts with due diligence to demand the preservation of evidence that is reasonably likely to be of material importance, and the evidence is destroyed by the state, the defendant is entitled to an adverse inference jury instruction.

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