The following excerpt is from People v. Fay, 2017 NY Slip Op 31852 (U) (N.Y. City Ct. 2017):
Defendant claims the police had a video tape that they turned over to the District Attorney's Office, but the video was not made available in open file discovery and it was not provided in response to defendant's demand. Defendant seeks a dismissal based on this failure to produce the video. Defendant argues that where demanded evidence has been destroyed, the defendant is entitled to an adverse inference charge. People v. Handy, 20 NY3d 663 [2013]. Indeed, such a charge is mandatory. People v. Blake, 24 NY3d 78 [2014].
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