From Casetext: Smarter Legal Research

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1973
41 A.D.2d 669 (N.Y. App. Div. 1973)

Opinion

February 20, 1973


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 4, 1970, convicting him of criminal possession of a dangerous drug in the fifth degree, upon a guilty plea, and imposing sentence. Judgment affirmed. About a week before the hearing on defendant's motion to suppress evidence, the arresting police officer refreshed his recollection from his "scratch notes" and destroyed them. He did not destroy his original arrest notes, but left them with the police property clerk, and they were therefore available for production upon defendant's demand and for use in cross-examination if defendant so desired. So far as the record indicates, the original notes were substantially the same as the scratch notes and, consequently, the destruction of the latter could not have had the effect of defeating cross-examination (cf. People v. Betts, 272 App. Div. 737, affd. 297 N.Y. 1000). Since defendant did not demand production of the original notes, People v. Malinsky ( 15 N.Y.2d 86) and People v. Rosario ( 9 N.Y.2d 286) do not apply. Hopkins, Acting P.J., Munder, Martuscello, Latham and Shapiro, JJ., concur.


Summaries of

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1973
41 A.D.2d 669 (N.Y. App. Div. 1973)
Case details for

People v. Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS RAMOS, Appellant

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

Date published: Feb 20, 1973

Citations

41 A.D.2d 669 (N.Y. App. Div. 1973)