Opinion
April 28, 1995
Appeal from the Monroe County Court, Connell, J.
Present — Denman, P.J., Lawton, Wesley, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the first degree and petit larceny arising out of an incident in which he threatened store employees with a knife in order to escape apprehension for shoplifting. Defendant was sentenced as a second felony offender to a term of imprisonment of 8 to 16 years. We conclude that the photographic and lineup identification procedures were not unnecessarily suggestive. Further, we conclude that County Court did not abuse its discretion in refusing to strike the Wade testimony of the officer as a sanction for destruction of his notes. The officer did not fail to exercise due care in routinely destroying his notes after incorporating the information into his official report (see, People v Wallace, 76 N.Y.2d 953, 955; People v Martinez, 71 N.Y.2d 937, 940; People v Hyde, 172 A.D.2d 305, 306, lv denied 78 N.Y.2d 1077). The notes were the duplicative equivalent of the report, which was turned over to the defense (see, People v Banch, 80 N.Y.2d 610, 616-617; People v Consolazio, 40 N.Y.2d 446, 454, cert denied 433 U.S. 914). Finally, we conclude that defendant's sentence is not harsh or excessive.