Opinion
2000-03313
Argued June 17, 2003.
July 28, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 6, 2000, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jane S. Meyers, and Mark J. Lemire of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA L. TOWNES, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention regarding the alleged inadequacy of the court's adverse inference charge, imposed as a sanction for the loss of Rosario material ( see People v. Rosario, 9 N.Y.2d 286, cert denied sub nom Rosario v. New York, 386 U.S. 866) is unpreserved for appellate review (see People v. Roe, 196 A.D.2d 899, 900; People v. Fields, 215 A.D.2d 775, 776) and, in any event, is without merit ( see People v. Martinez, 71 N.Y.2d 937).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
PRUDENTI, P.J., TOWNES, MASTRO and RIVERA, JJ., concur.