Opinion
December 11, 1995
Appeal from the Supreme Court, Kings County (Quinones, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
After a hearing that was conducted pursuant to this Court's direction, the Supreme Court determined that a police report had been prepared concerning a prior assault by the defendant upon the complainant, but that the report had been lost or destroyed prior to trial. Since the report related to the complainant's direct testimony and there was a sufficient showing of prejudice, the trial court erred by denying the defendant's request for an adverse inference charge (see, People v Martinez, 71 N.Y.2d 937, 940; People v Bell, 217 A.D.2d 585; People v Smith, 182 A.D.2d 787). Further, contrary to the People's contention, all of the counts of which the defendant was convicted must be reversed (cf., People v Baghai-Kermani, 84 N.Y.2d 525; People v Figueroa, 219 A.D.2d 66).
In light of the foregoing, we do not reach the defendant's remaining contention. Joy, J.P., Friedmann, Krausman and Florio, JJ., concur.