People v. Reyes

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered April 13, 2004, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly declined to preclude testimony or deliver an adverse inference charge with regard to a cell phone that the police had returned to a complainant, in violation of Penal Law § 450.10 (1), shortly after the defendant’s arrest. The cell phone had little or no value to the defense, the police did not return it to the…