People v. Handy, 20 N.Y.3d 663 (2013)
When a defendant in a criminal case, acting with due diligence, demands evidence that is reasonably likely to be of material importance, and that evidence has been destroyed by the State, the defendant is entitled to an adverse inference charge.
Summary
Handy, a jail inmate, was convicted of assaulting a deputy sheriff. A video camera recorded part of the initial altercation leading to the assault, but the video was destroyed before trial pursuant to jail policy. Handy requested an adverse inference charge, arguing the video’s destruction prejudiced his defense. The trial court denied the request for the counts related to the initial altercation, but granted it for a later count. The New York Court of Appeals reversed, holding that Handy was entitled to an adverse inference charge because he requested potentially material evidence with reasonable diligence, and the State destroyed it. This decision emphasizes the State’s responsibility to preserve potentially exculpatory evidence and provides a remedy when that duty is breached.
Facts
Handy, an inmate, was involved in an altercation with Deputy Saeva after refusing to hand over non-regulation sandals and boxer shorts. Saeva claimed Handy initiated the fight, injuring Saeva’s hand. Deputy Schliff intervened to escort Handy away, and Schliff alleges that Handy kicked him, resulting in a thumb injury. A video camera recorded a portion of the initial altercation with Saeva. The video was destroyed per jail policy after 30 days, before Handy was indicted. Handy requested the video’s preservation, but the request was not specifically focused on video of the November incidents until trial.
Procedural History
Handy was charged with three counts of assault. He was acquitted of assaulting Saeva but convicted of assaulting Schliff. The trial court granted an adverse inference charge for one count, but not for the counts related to the initial altercation with Saeva. The Appellate Division affirmed the conviction, stating Handy’s claim that the video was exculpatory was speculative. The Court of Appeals reversed, ordering a new trial.
Issue(s)
Whether a defendant is entitled to an adverse inference charge when they requested evidence reasonably likely to be material, and that evidence was destroyed by the State?
Holding
Yes, because under New York law of evidence, a permissive adverse inference charge should be given where a defendant, using reasonable diligence, has requested evidence reasonably likely to be material, and where that evidence has been destroyed by agents of the State.
Court’s Reasoning
The Court of Appeals declined to address the constitutional issues or align itself directly with Arizona v. Youngblood, focusing instead on the evidentiary question of whether an adverse inference charge was warranted. The court adopted the approach taken in Cost v. State, emphasizing that such a charge is appropriate when the defendant diligently requests material evidence that the State destroys. The court reasoned that an adverse inference charge mitigates the harm to the defendant caused by the loss of evidence, without necessarily terminating the prosecution. Moreover, the rule incentivizes the State to preserve evidence. The court stated, “[A]t least as important, the rule gives the State an incentive to avoid the destruction of evidence. It is surely desirable to raise the consciousness of State employees on this subject.” The Court analogized the adverse inference charge to a “missing witness” instruction. The Court found that the video, though directly relevant to the assault on Saeva (count one), was also relevant to the subsequent assault on Schliff (count two) because it would shed light on whether Handy was a violent aggressor. Therefore, the court concluded that Handy was entitled to the adverse inference charge for all counts. The dissent is not noted because there was none.