People v. Maddix

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered August 22, 1994, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The People could not produce the audiotape of an interview with an eyewitness who testified at trial. If the People fail to exercise due care in preserving Rosario material, and the defendant is prejudiced thereby, the trial court must impose an appropriate sanction (see, People v Martinez, 71 NY2d 937). “The determination of…