The People of the State of New York, Respondent v. Everett M. Durant, Appellant

Summary

The New York Court of Appeals held that a trial court is not legally required to give a permissive adverse inference instruction when police fail to electronically record a custodial interrogation. The court affirmed the lower courts' refusal to grant such an instruction, finding no abuse of discretion. The decision emphasizes that while recording interrogations is best practice, the absence of a recording does not, as a matter of law, mandate an adverse inference charge.