People v. Matarrese

Appeal by the defendant from a judgment of the County Court, Nassau County (Wexner, J.), rendered August 8, 1989, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On the instant appeal, the defendant contends that the court erred in denying Ms request to strike the testimony of one of the People’s witnesses as a sanction for the prosecution’s loss of that witness’s original statement to the police. We disagree. It is within the discretion of the trial court to…