People v. Wheeler

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of marihuana in the second degree (Penal Law § 221.25). Contrary to defendant’s contention, County Court did not abuse its discretion in refusing to give the adverse inference charge proposed by defendant and in giving its own adverse inference charge concerning the loss of certain evidence by the police (see generally, People v Smith, 266 AD2d 639, 640, lv denied 94 NY2d 907). That evidence consisted of the paper bags in which the marihuana was found; one of…