Opinion
April 4, 1995
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
In the special circumstances herein, including defendant's absence from the jurisdiction and evasion of the authorities for more than seven years, as well as the retirement status of the police officer in question and the loss of his memo book during the ten-year period between the incident and trial, and in light of defense counsel's exploration of the issue on cross-examination and in summation and no showing of prosecutorial fault or prejudice to the defendant, the trial court did not err in refusing to give an adverse inference charge (see, People v Torres, 197 A.D.2d 488, lv denied 82 N.Y.2d 931).
Defendant did not object to any of the prosecutor's summation comments he now claims deprived him of a fair trial and thus did not preserve his claim of error (CPL 470.05; People v Iannelli, 69 N.Y.2d 684, cert denied 482 U.S. 914). We decline interest of justice review.
As the Medical Examiner's audiotape of the autopsy does not constitute Rosario material, the People were not required to provide it to the defense (People v Nova, 206 A.D.2d 132; People v Smith, 206 A.D.2d 102).
Since the conviction after trial is being affirmed, and there is no independent challenge to the plea conviction, it too must be affirmed.
Concur — Sullivan, J.P., Ellerin and Williams, JJ.
With respect to the Medical Examiner's audiotape, I concur in the result only (see, People v Ford, 211 A.D.2d 438, 439 [Kupferman, J., concurring]).