Legal Question in Criminal Law in New York

Petty larceny

I was arressted for petty larceny on 11/13/06.I did get myself a lawyer we went to court i was offered community service and shop lifting classes. I did nothing wrong and can prove it my assit managers are willing to come to court to testifiy on my behalf.Twice the tape they say they have of me is never ready when my lawyer goes to the court house.And my trial is set for mon 08/20/07. What i need to know can they have a trial without this tape? I want the tape presented because it will show i did nothing wrong.Please answer me soon thank you.Also can this case be dismissed?


Asked on 8/15/07, 11:54 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Petty larceny

Yes they can go to trial without the tape. Your attorney should aggressively oppose the testimony of anyone who viewed the now missing tape, He should also ask for a charge to the jury that the tape is "missing evidence" and that "it was the prosecution's job to preserve it and that the jury can presume that since the prosecution had the obligation to preserve the tape and lost it, that the tape would have shown images and evidence favorable to the defendant and detrimential to the prosecutor's case."

The trial should not begin until you and your lawyer have been allowed to view the tape and if your lawyer thinks he needs an expert to see if the tape has been tampered with, he should press the court for an adjournment so that he can have an expert review it.

Good Luck.

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Answered on 8/16/07, 2:01 am


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