Opinion
Decided February 5, 1998
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).
We find that the jury's credibility determinations are supported by the record and that the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495).
Delivery of an adverse inference charge regarding a destroyed audiotape of a police radio transmission was an appropriate sanction since the People were not aware of the existence of the tape until the time of trial and the possibility of prejudice to defendant was remote (People v. Martinez, 71 N.Y.2d 937).
The existing record, which defendant has not sought to amplify by way of a CPL article 440 motion, fails to support defendant's claim of ineffective assistance of counsel (see, People v. Rivera, 71 N.Y.2d 705; People v. Baldi, 54 N.Y.2d 137).
Since both weapon possession charges involved the same weapon, in the interest of justice, we dismiss the count of criminal possession of a weapon in the third degree (People v. Wade, 221 A.D.2d 276, lv denied 87 N.Y.2d 926).
We perceive no abuse of discretion in sentencing
Defendant's remaining contentions are unpreserved and without merit.
Concur — Milonas, J. P., Rosenberger, Ellerin and Tom, JJ.