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People v. Fields

215 A.D.2d 775 Court N.Y. App. Div. Decision date 1995-05-30 English

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p. 775
The People of the State of New York, Respondent, v Wilber Fields, Appellant.
[627 NYS2d 974]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered January 11, 1993, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention regarding the inadequacy of the court’s adverse inference charge, imposed as a sanction for the

p. 776
loss of Rosario material, is unpreserved for appellate review (see, People v Roe, 196 AD2d 899 , 900; People v Thomas, 50 NY2d 467 ) and, in any event, without merit (see, People v Martinez, 71 NY2d 937 ).

We have examined the defendant’s remaining contention and find it to be without merit. Sullivan, J. P., Rosenblatt, O’Brien and Thompson, JJ., concur.

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