People v. Walker [4th Dept 1999

Full title: PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CURTIS WALKER, APPELLANT

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 10, 1999

(N.Y. App. Div. Feb. 10, 1999)

Opinion

February 10, 1999

Appeal from Judgment of Supreme Court, Monroe County Siragusa, J. — Murder, 2nd Degree.

PRESENT: GREEN, J. P., PINE, WISNER, PIGOTT, JR., AND CALLAHAN, JJ.

Judgment unanimously affirmed. Memorandum: The record supports the determination of the suppression court and the trial court that the criminal investigation report prepared by the arresting officer was inadvertently lost and that, despite efforts to locate the report, it was not available for use at either the suppression hearing or at trial. Because defendant failed to demonstrate that he was prejudiced, neither the suppression court nor the trial court improvidently exercised its discretion in declining to impose a sanction for the lost Rosario material ( see, People v. Jones, 230 A.D.2d 752, 753, lv denied 88 N.Y.2d 1069; People v. Collins, 203 A.D.2d 888, lv denied 84 N.Y.2d 934, 85 N.Y.2d 861).