People v. Johnson

Memorandum. We need not reach the issue of the propriety of the conduct of the police in destroying tape recordings of various conversations with the defendant, based upon their independent judgment that the tapes were inaudible and contained no exculpatory material, since this issue was not preserved for our review (cf. People v Tutt, 38 NY2d 1011, 1013).

The only objections raised by defendant related to certain procedures which the court, at a pretrial hearing, announced it planned to use at the trial in determining the relationship between the tapes and certain police reports. At the…