People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRED SMITH, Appellant

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

Date published: Oct 1, 1992

186 A.D.2d 368 (N.Y. App. Div. 1992)

Opinion

October 1, 1992

Appeal from the Supreme Court, New York County (Clifford A. Scott, J.).

For the reasons stated in the codefendant's appeal (People v Boyne, 174 A.D.2d 103), the court erred in denying the request for an adverse inference instruction as to a missing 911 tape, and in giving supplemental instructions without providing defense counsel an opportunity to be heard.

Concur — Sullivan, J.P., Carro, Asch and Rubin, JJ.