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PEOPLE v. THOMPSON

1815, 1611/11.

143 A.D.3d 430 (2016)

2016 NY Slip Op 06456

38 N.Y.S.3d 192

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY THOMPSON, Appellant.

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

Decided October 4, 2016.

The court properly declined to impose any sanction for the loss, due to the flooding of a police storage facility in Hurricane Sandy, of a knife that defendant claims to be exculpatory material under Brady v Maryland (373 U.S. 83 [1963]). The loss of evidence as the result of a natural disaster cannot be attributed to the People (People v Daly, 140 A.D.3d 593, 594 [1st Dept 2016]; People...

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