Every few years, the New York Court of Appeals considers an evidence issue that would make a challenging law school exam question. This year’s case is People v. Tapia, 2019 WL 1440800, decided earlier this month.

On Nov. 2, 2008, Police Officer Charlie Bello and Lieutenant James Cosgrove were driving back to their precinct at about 3:30 a.m. when they saw Charles Tapia “body slam” a man outside a bar and drag him between two parked cars. The officers left their vehicle, and Lieutenant Cosgrove pulled Tapia off the victim, who was bleeding profusely from his neck and face. Officer Bello observed a shattered beer bottle on the ground where the victim had been assaulted, but did not collect the glass as evidence.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]