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8/24/2009 - Posted by:
Michael A. Fakhoury, Esq., P.C.
Phone: (845) 896-5200
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From a 30 Year-Sentence To Freedom

A "Rosario Rule" violation is when the police or prosecutor destroys or significantly alters evidence. In a case I appealed from the Dutchess County Court (New York) to the appellate division, my client was released after the appealate division agreed with me that by transcribing an undercover recording into words on a page instead of saving the actual tape, the police violation the Rosario Rule (People v. Rosario) and therefore, the transcribed evidence is not admissable against the defendant.
 
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