Opinion
2002-06562.
December 29, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 26, 2002, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Lynn W.L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Before: ROBERT W. SCHMIDT and REINALDO E. RIVERA, JJ.
DECISION ORDER
No sanction was imposed on the prosecution for its failure to preserve the recording of a police radio transmission that contained a description of the robber. Under the facts of this case, there is no reasonable possibility that the nondisclosure "materially contributed to the result of the trial" (CPL 240.75; see People v. Johnson, 301 A.D.2d 462, 463; People v. Sorbello, 285 A.D.2d 88).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.