PEOPLE v. AMITRANO (2009)

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered May 3, 2007, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of 2 months, unanimously affirmed.   The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50(5).

 The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348-349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).   There was ample evidence to establish defendant's role in attacking the victim.

 The court provided suitable remedies for the People's loss of certain police reports (see People v. Martinez, 71 N.Y.2d 937, 940, 528 N.Y.S.2d 813, 524 N.E.2d 134 [1988] ).   The court's adverse inference charge conveyed the proper standards, including the permissive nature of such an inference (see People v. Brister, 239 A.D.2d 513, 658 N.Y.S.2d 362 [1997], lv. denied 90 N.Y.2d 938, 664 N.Y.S.2d 756, 687 N.E.2d 653 [1997] ).