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PEOPLE v. ROSARIO

2014-09700, Ind. No. 13-01399.

143 A.D.3d 1004 (2016)

2016 NY Slip Op 07038

39 N.Y.S.3d 802

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL ROSARIO, Appellant.

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

Decided October 26, 2016.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in denying his request for a permissive adverse inference charge with respect to the failure of the police to obtain certain text messages from a witness's cell phone. "[U]nder the New York law of evidence, a permissive adverse inference charge should be given where a defendant, using reasonable diligence, has requested evidence...

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