Opinion
February 24, 1994
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
Although the trial court was warranted in concluding that the original of defendant's handwritten confession had been lost, even assuming a violation of the best evidence rule, any error was de minimis in that it could not be deemed to have prejudiced defendant (see, People v. Fondal, 154 A.D.2d 476, lv denied 75 N.Y.2d 770).
Since defendant never requested that sanctions be imposed or that the indictment be dismissed as a result of the People's failure to produce defendant's handwritten statement and any police notes relating to the July 2nd robbery, this argument is unpreserved for appellate consideration (People v. Norman, 199 A.D.2d 5), and we decline to review it in the interest of justice. In any event, the People asserted that the original of the handwritten confession had been lost and there were no workpapers of the police interview with the complainant, and the representations of a prosecutor, as an officer of the court, are generally accepted in the absence of evidence to the contrary (People v. Lopez, 160 A.D.2d 565, 566, lv denied 76 N.Y.2d 860).
We have considered defendant's remaining arguments and find them to be without merit.
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.