People v. Jackson

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered March 15, 1990, upon a verdict convicting defendant of the crime of driving while intoxicated.

Defendant’s only contention on appeal is that County Court erred when it refused to charge that an adverse inference may be drawn from the People’s failure to produce a videotape made of defendant at the police station after his arrest. Each of the three officers who were present at the time the video*936tape was made testified as to its contents, that defendant simply sat in a chair and refused to participate.…