People v. Nelson
Opinion of the Court
The court did not improvidently exercise its discretion in denying the defendant’s request for an adverse inference charge as a sanction for the People’s failure to provide to the defense an allegedly missing photograph of a bag of marijuana taken by a detective. The defendant failed to develop a record establishing a factual basis that the alleged photograph existed (see People v Banks, 74 AD3d 1214, 1215 [2010]; People v Young, 61 AD3d 786 [2009]; People v Smith, 33 AD3d 462 [2006]; People v Brown, 286 AD2d 340 [2001]).
The prosecutor improperly went outside of the four corners of the evidence when, in summation, he made the inflammatory and unsupported remarks that the defendant and his codefendant had brought their children onto their “team” with respect to a “business plan” involving their possession of marijuana (see People v Ashwal, 39 NY2d 105, 110 [1976]; People v Parker, 178 AD2d 665, 665-666 [1991]). The prosecution “may not . . . try to convey to the jury, by insinuation, suggestion or speculation, the impression that the defendant is guilty of other crimes
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 86 [1982]). Skelos, J.P, Belen, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.