People v. Hines

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his request to impose sanctions on the People at trial for failing to preserve a 911 tape. Although the court erred in ruling that the tape does not constitute Rosario material (see, CPL 240.45 [1] [a]), sanctions were not required because the tape was destroyed pursuant to routine police procedure before defendant requested it (see, People v Diggs, 185 AD2d 990; cf., People v Parker, 157 AD2d 519, lv denied 76 NY2d 793). Moreover, defendant was not prejudiced by the destruction…