From Casetext: Smarter Legal Research

People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 555 (N.Y. App. Div. 1994)

Opinion

June 6, 1994

Appeal from the Supreme Court, Queens County (Berkowitz, J.).


Ordered that the judgment is affirmed.

The information contained on the destroyed security envelopes prepared by the arresting officer were the "duplicative equivalent" of that contained in the on-line booking and complaint reports also prepared by the officer and turned over to the defendant prior to trial, and therefore "the defendant in effect suffered no deprivation at all" (People v. Banch, 80 N.Y.2d 610, 617; see, People v. Daly, 186 A.D.2d 217; People v Winthrop, 171 A.D.2d 829; People v. Greany, 185 A.D.2d 376, 377-378). In any event, the information contained on the lost material was only the name of the suspects, and the location and time of the arrests, which information was not disputed by the defendant and which was not relevant to the issue of whether the defendant was the individual who the surveilling officer observed selling cocaine (cf., People v. Rivas, 184 A.D.2d 794).

Viewing the evidence adduced at trial in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the conviction. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Mangano, P.J., Bracken, Pizzuto and Hart, JJ., concur.


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 555 (N.Y. App. Div. 1994)
Case details for

People v. Joseph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESLY JOSEPH, Appellant

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

Date published: Jun 6, 1994

Citations

205 A.D.2d 555 (N.Y. App. Div. 1994)
613 N.Y.S.2d 52