Opinion
December 19, 1991
Appeal from the Supreme Court, Bronx County (Bernard Jackson, J.).
Defendant's sole contention on appeal is that the trial court should have imposed sanctions on the People for the destruction of the scratch notes by the arresting officer, that the undercover and arresting officers created during this buy-and-bust operation. However, during the charging conference, counsel only requested an adverse inference instruction because of the People's failure to preserve materials that were relevant to the chain of custody and did not at that time raise a Rosario claim. The issue is therefore unpreserved (see, People v Saunders, 160 A.D.2d 392, lv denied 76 N.Y.2d 796), and we decline to review it. Were we to review the issue in the interest of justice, we would note that trial counsel never developed an adequate record concerning the specific details that purportedly were memorialized but destroyed.
Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Kassal, JJ.