Majority
p. 342The People of the State of New York, Respondent, v Christopher Edwards, Appellant. [649 NYS2d 408]
—Judgment, Supreme Court, New York County (Carol Berkman, J., at suppression hearing; Dorothy Cropper, J., at jury trial and sentence), rendered on September 9, 1993, convicting defendant of robbery in the first and second degrees and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 121/2 to 25 years, 5 to 15 years, and 21/3 to 7 years, unanimously affirmed.
p. 343
The court’s exercise of discretion in providing an adverse inference instruction as a sanction for the lost pages in the officer’s memo book was appropriate and adequate (People v Haupt, 71 NY2d 929 ; People v Sandoz, 184 AD2d 336 , Iv denied 80 NY2d 909 ). Since there is no reasonable probability that the verdict would have been different but for the loss of the evidence, reversal under Brady v Maryland ( 373 US 83 ) is unwarranted. Nor did the prosecutor impeach his own witness in violation of CPL 60.35 when he referred a witness with faulty recollection to a written statement without revealing its contents. We have considered defendant’s remaining contentions and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ.
Cases cited
- People v. Haupt 71 NY2d 929 p. 343
- People v. Sandoz 184 AD2d 336 p. 343
- Brady v. Maryland 373 US 83 p. 343