Opinion
May 5, 1997
Appeal from County Court, Westchester County (LaCava, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the trial court permissibly declined to impose a sanction based upon the unavailability of certain tape recordings of phone calls made to the 911 police emergency phone number. The tapes in question were destroyed pursuant to routine police procedure before the defendant requested them. Under these circumstances, there is no evidence of bad faith by the prosecution ( see, People v. Segui, 208 A.D.2d 447; People v. Diggs, 185 A.D.2d 990, 991; People v Hyde, 172 A.D.2d 305).
The defendant's remaining contentions are either unpreserved for appellate review ( see, CPL 470.05; People v. Belgrave, 209 A.D.2d 629) or lacking in merit ( see, People v. Wright, 217 A.D.2d 675; People v. Brunner, 209 A.D.2d 532; People v. Suitte, 90 A.D.2d 80).
Miller, J.P., Ritter, Thompson and Krausman, JJ., concur.