People v. Rosario

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cacace, J.), rendered September 23, 2014, convicting him of assault in the first degree, criminal possession of a weapon in the third degree (two counts), and menacing in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in denying his request for a permissive adverse inference charge with respect to the failure of the police to obtain certain text messages from a witness’s cell phone. “[U]nder the New York…