· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.