People v. Holman

—Appeal by the de

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In cases where Rosario material (see, People v Rosario, 9 NY2d 286 , cert denied 368 US 866 ) cannot be produced because it has been lost or destroyed, the trial court must consider a number of factors, including the proof available at trial, the significance of the missing evidence, and whether the loss was intentional or inadvertent (see, People v Banch, 80 NY2d 610 ; People v Martinez, 71 NY2d 937 ; People v Haupt, 71 NY2d 929 ). Depending on the degree of prosecutorial fault and the resulting prejudice to the defendant, the trial court must then impose an appropriate sanction (see, People v Banch, supra), basing its determination primarily on the overriding need to eliminate prejudice to the defendant (see, People v Martinez, supra, at 940 ).

Here, although the loss of a police officer’s memo book was inadvertent and not the result of the People’s failure to exercise due care, the defendant was prejudiced because identification was a central issue in the case and the memo book would have been helpful to him in cross-examining the officer (see, People v Wallace, 76 NY2d 953 ; People v Anderson, 222 AD2d 442 ). Accordingly, the trial court erred in refusing to impose any sanction, and a new trial is required in light of this prejudicial error.

The defendant’s remaining contentions are without merit. Altman, J. P., Friedmann, Goldstein and Cozier, JJ., concur.