PEOPLE v. WALKER (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Curtis WALKER, Appellant.

Decided: February 10, 1999

PRESENT: GREEN, J.P., PINE, WISNER, PIGOTT, Jr., and CALLAHAN, JJ.

Edward J. Nowak, Rochester, for Appellant. Howard R. Relin, Rochester, for Respondent.

The record supports the determination of the suppression court and the trial court that the criminal investigation report prepared by the arresting officer was inadvertently lost and that, despite efforts to locate the report, it was not available for use at either the suppression hearing or at trial. Because defendant failed to demonstrate that he was prejudiced, neither the suppression court nor the trial court improvidently exercised its discretion in declining to impose a sanction for the lost Rosario material (see, People v. Jones, 230 A.D.2d 752, 753, 646 N.Y.S.2d 62, lv. denied 88 N.Y.2d 1069, 651 N.Y.S.2d 413, 674 N.E.2d 343; People v. Collins, 203 A.D.2d 888, 611 N.Y.S.2d 377, lv. denied 84 N.Y.2d 934, 621 N.Y.S.2d 531, 645 N.E.2d 1231, 85 N.Y.2d 861, 624 N.Y.S.2d 380, 648 N.E.2d 800).

Judgment unanimously affirmed.

MEMORANDUM:

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