People v. Segui

—Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered July 1, 1992, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree, and sentencing him to a term of 2 to 4 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People, as we must (People v Acosta, 80 NY2d 665 , 672), we find that the evidence was sufficient to establish defendant’s guilt beyond a reasonable doubt.

Contrary to defendant’s contention, destruction of 911 tapes, in the course of routine police procedure, does not have Rosario consequences when it does not prejudice defendant (People v Hyde, 172 AD2d 305 , lv denied 78 NY2d 1077 ). Nevertheless, the court instructed the jury in in limine, as well as during final instructions, that the jury could consider the absence of a 911 tape in evaluating the testimony of the People’s witnesses. Thus, the court did provide a sanction, albeit not the sanction requested by defendant (compare, People v Schoolfield, 196 AD2d 111 , lv denied 83 NY2d 915 ). Since the nature of the sanction is committed to the trial court’s sound discretion (People v Martinez, 71 NY2d 937 , 940),

We have considered defendant’s remaining contentions and find them without merit. Concur—Carro, J. P., Wallach, Kupferman, Ross and Williams, JJ.