People v. Heredia

Judgment, Supreme Court, Bronx County (Robert E. Torres, J.), rendered May 15, 2007, convicting defendant, after a jury trial, of assault in the second degree and criminal impersonation in the first degree, and sentencing him to concurrent terms of 21h years and 1 to 3 years, respectively, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s request for a sanction resulting from the unavailability of the tape recording of the victim’s 911 call inasmuch as defendant has not established that he was prejudiced by the absence of the tape (see e.g. People v…