People v. Rubero

—Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered July 1, 1997, convicting defendant, after a jury trial, of attempted murder in the first degree, robbery in the first degree and assault in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 25 to 50 years, unanimously affirmed.

The trial court properly denied defendant’s request for preclusion of testimony concerning a lost item of physical evidence, since there was no evidence of bad faith, and any possibility of prejudice to defendant was highly speculative (see, People v Kelly,…