New York Court of Appeals

The People of the State of New York, Appellant v. Bedros Yavru-Sakuk, Respondent

June 4, 200298 N.Y.2d 56

Summary

The New York Court of Appeals reversed the Appellate Term's order that dismissed the indictment because the trial tape recording was lost, holding that loss of a trial exhibit does not automatically deprive a defendant of effective appellate review. The Court remanded the case for the Appellate Term to apply the Strollo framework, determine the tape's substantive importance, and consider reconstruction if necessary.