People v. Green

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered March 25, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s request, at the close of trial, for an adverse inference charge based on the People’s failure to introduce his hat and coat was properly denied as untimely (People v Gonzalez, 68 NY2d 424, 427-428). Moreover, the People were under no legal duty to seize articles of clothing relevant to…