People v. Rosa
Opinion of the Court
The court properly exercised its discretion in denying defendant’s request for a sanction resulting from the unavailability of the tape recording of the victim’s 911 call. Defendant has not demonstrated that the Sprint report would have been inadequate to elicit the essential information contained in the tape recording (see e.g. People v McDermott, 279 AD2d 361 [2001], Iv denied 96 NY2d 803 [2001]).
Defendant’s remaining contentions are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur — Gonzalez, P.J., Saxe, Catterson, Acosta and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.