Opinion
1999-07397
Submitted December 6, 2001.
December 24, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered July 8, 1999, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Shlomit L. Metz of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
Where the People fail to exercise due care in preserving Rosario material (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), and the defendant is prejudiced thereby, the trial court must impose an appropriate sanction (see, People v. Joseph, 86 N.Y.2d 565). In this case, the defendant failed to establish that he was prejudiced by the loss of a police log book that recorded the voucher number assigned to the evidence in the case. The People provided the actual voucher, the sealed and marked evidence corresponding to the voucher, and the vouchering officer's name. Accordingly, the trial court properly declined to give an adverse inference charge (see, People v. Rodriguez, 272 A.D.2d 482; People v. Jarvis, 249 A.D.2d 417; People v. Monahan, 237 A.D.2d 623).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
GOLDSTEIN, J.P., McGINITY, H. MILLER and TOWNES, JJ., concur.