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PEOPLE v. BAILEY

Ind. No. 1190/16. Appeal No. 15180. Case No. 2018-2252.

201 A.D.3d 601 (2022)

157 N.Y.S.3d 730

2022 NY Slip Op 00516

The People of the State of New York, Respondent, v. Jesus Bailey, Appellant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Freshfields Bruckhaus Deringer US LLP, New York (Jane Peng of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

The court properly denied defendant's request for an adverse inference instruction regarding portions of a restaurant's video surveillance footage that the police did not copy and that were not presented at trial. The essence of defendant's complaint is not about the duty to preserve evidence that has been acquired, but about a nonexistent duty to collect available evidence (see People v Hayes, 17 N.Y.3d...

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