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· 3/7/1994

Aalbue v. Flaherty

Citations

  • 202 A.D.2d 381
  • 608 N.Y.S.2d 514
  • 1994 N.Y. App. Div. LEXIS 1914

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that negligent failure to preserve evidence does not rise to level of due process violation
  • concluding spoliation instruction was not required where defendant failed to establish potentially useful evidence destroyed in bad faith
  • stating that spoliation involves “potentially useful evidence”
  • “A defendant must affirmatively show that the lost evidence was favorable and material to his defense.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.