People v. Mengstie

—Judgment, Supreme Court, New York County (Paul Bookson, J.), rendered May 5, 1994, convicting defendant, after a jury trial, of two counts of robbery in the first degree and two counts of robbery in the second degree, and sentencing him, as a second felony offender, to two concurrent terms of 5V2 to 11 years concurrent with two concurrent terms of 4 to 8 years, unanimously affirmed.

The court properly declined defendant’s request for an adverse inference charge based on the destruction of the 911 tape, since there was no lack of diligence by the People and de*265fendant was not prejudiced (see,…