People v. Callendar

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered October 15, 1992, convicting him of sexual abuse in the first degree (three counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that he was denied due process by the loss of a rape kit prior to testing. The failure of the People to preserve evidentiary material of which no more can be said than that it could have been tested and that the result may have helped the…