People v. Figueroa

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered May 12, 1988, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to 10 years’ to life imprisonment, unanimously affirmed.

The police department’s UF-61 report, containing descriptions of the perpetrators in this case, was in evidence, as was the Sprint report. However, the 911 tape was routinely destroyed by the police department after 90 days.

Defense counsel had subpoenaed the tape and the corresponding Sprint report in a timely fashion, as…