Opinion
December 30, 1992
Appeal from the Ontario County Court, Harvey, J.
Present — Denman, P.J., Pine, Balio, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court erred in refusing to impose sanctions for the deputy sheriff's failure to preserve his handwritten notes of his initial interview with the victims of the burglary. The investigating officer testified that "[e]verything that I had on the notes was transcribed, typewritten on to the general report." Thus, the disclosed general report was tantamount to a verbatim transcription of the notes and, therefore, defendant was not prejudiced by the accidental destruction of the notes (see, People v Consolazio, 40 N.Y.2d 446, 454, cert denied 433 U.S. 914; People v Winthrop, 171 A.D.2d 829; People v Velez, 161 A.D.2d 823; cf., People v Young, 79 N.Y.2d 365, 369-370; People v Wallace, 76 N.Y.2d 953, 955). We conclude that the sentence imposed was neither harsh nor excessive.