Opinion
May 10, 2000
Appeal from Judgment of Monroe County Court, Smith, J. — Sexual Abuse, 1st Degree.
Judgment unanimously affirmed.
Before: Pine, J.P., Hayes, Scudder and Kehoe, JJ.
Memorandum:
Contrary to defendant's contention, the record supports County Court's determination in this bench trial that the complainant's deposition was inadvertently lost and that, despite efforts to locate the deposition, it was not available for use at trial ( see, People v. Walker, 258 A.D.2d 964, lv denied 93 N.Y.2d 981). The court's decision to sanction the People therefor by drawing an adverse inference with respect to complainant's trial testimony was a proper exercise of the court's discretion ( see generally, People v. Banch, 80 N.Y.2d 610, 616; People v. Martinez, 71 N.Y.2d 937, 940).