People v. Reed

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. Defendant contends that due to the prior inadvertent destruction by the police of the substance which formed the basis of his conviction for criminal possession of a dangerous drug in the fourth degree, the prosecution should have been precluded from proffering testimony as to the nature and amount of that substance. We disagree.

Defendant’s argument is based solely on the fact that the procedures provided by CPL article 715 for destruction of large amounts of dangerous drugs prior to trial were not followed. While we…