Opinion
January 9, 1995
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he was not entitled to a sanction against the prosecution because the People failed to provide to the defense a so-called "sprint" tape containing communications between police officers and a police department operator. According to the prosecutor, the tape had been destroyed. However, a copy of the "sprint" tape in the form of a printout was provided to the defense. There is no evidence of any bad faith on the part of the People. Moreover, the defendant has failed to demonstrate any prejudice. Accordingly, the court did not improvidently exercise its discretion in failing to give an adverse inference charge (see, People v. Martinez, 71 N.Y.2d 937, 940; People v. Grice, 203 A.D.2d 587; People v Jackson, 172 A.D.2d 935).
The trial court's marshaling of the evidence was fair. Sullivan, J.P., Thompson, Copertino and Pizzuto, JJ., concur.