People v. Bailey

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June 30, 2003, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 25 years to life, unanimously affirmed.

Defendant abandoned his claim that the court should have given an adverse inference instruction concerning the People’s failure to preserve a 911 tape (see People v Graves, 85 NY2d 1024, 1027 [1995]). In any event, an adverse inference instruction was not required since there was no bad faith on the part of the…