People v. Brock

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 8, 1995, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 9 to 18 years, unanimously affirmed.

The lost or destroyed bank surveillance videotape and photographs did not constitute Brady material because there was no showing that they were exculpatory and because they never came into possession of the prosecution or police (see, People v Alvarez, 70 NY2d 375). In any event, their non-production would not warrant the…