People v. Santiago

Appellate Division of the Supreme Court of New York

People v. Santiago

200 A.D.2d 370, 606 N.Y.S.2d 200, 1994 N.Y. App. Div. LEXIS 68

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 6, 1994

StatusPublished

Cited by4 cases

This text of 200 A.D.2d 370 (People v. Santiago) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Santiago, 200 A.D.2d 370, 606 N.Y.S.2d 200, 1994 N.Y. App. Div. LEXIS 68 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, Bronx County (Dominick Massaro, J.), rendered January 8, 1991, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years to life, unanimously affirmed.

No objection was taken to evidence that the defendant had previously beaten and threatened the deceased, his girlfriend, and therefore the issue is not preserved. With respect to the blanket in which the deceased’s body was found wrapped, it is undisputed that the failure to preserve the evidence was attributable to the Medical Examiner’s Office, not law enforcement personnel. In any event, photographs of the blanket were preserved, and defendant has not demonstrated actual prejudice which would have warranted imposition of a sanction (see, People v Kelly, 62 NY2d 516, 520).

We have examined defendant’s remaining arguments and find them to be without merit. Concur — Murphy, P. J., Kupferman, Asch and Nardelli, JJ.

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—Judgment, Supreme Court, Bronx County (Dominick Massaro, J.), rendered January 8, 1991, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years to life, unanimously affirmed.

No objection was taken to evidence that the defendant had previously beaten and threatened the deceased, his girlfriend, and therefore the issue is not preserved. With respect to the blanket in which the deceased’s body was found wrapped, it is undisputed that the failure to preserve the evidence was attributable to the Medical Examiner’s Office, not law enforcement personnel. In any event, photographs of the blanket were preserved, and defendant has not demonstrated actual prejudice which would have warranted imposition of a sanction (see, People v Kelly, 62 NY2d 516, 520).

We have examined defendant’s remaining arguments and find them to be without merit. Concur — Murphy, P. J., Kupferman, Asch and Nardelli, JJ.

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Bluebook (online)

200 A.D.2d 370, 606 N.Y.S.2d 200, 1994 N.Y. App. Div. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-santiago-nyappdiv-1994.

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