Decided On : 10/19/2017
AD1 order dated December 22, 2015, affirming judgment of conviction.  Decision below: 134 AD3d 559, 23 NYS3d 17.  Gische, J. (AD dissenter), granted leave February 9, 2016.
ISSUE PRESENTED: Whether a court must provide a permissive adverse inference instruction when important evidence that was promptly requested by the defense and is in the custody of the People is destroyed as a result of a natural disaster or otherwise, and whether a court may sua sponte forbid defense counsel from commenting on the missing evidence in summation.  (Assigned counsel: Mark W. Zeno & Robert S. Dean,  Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)

Related Information:
People v Austin