Opinion
November 10, 1997
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the court improperly participated in the trial proceedings is not preserved for appellate review ( see, CPL 470.05; People v. Wright, 221 A.D.2d 577). In any event, the court properly intervened in an effort to clarify the issues and facilitate the expeditious and orderly progress of the proceedings ( see, People v. Moulton, 43 N.Y.2d 944; People v. Dominguez, 210 A.D.2d 249).
The court's refusal to sanction the prosecution for the destruction of a tape of a telephone call made after the robbery to 911, the police emergency phone number, was not an improvident exercise of discretion. There was no showing of bad faith on the part of the People or prejudice to the defendant, and a "Sprint" report of the telephone call was supplied ( see, People v Gibbs, 211 A.D.2d 641; People v. Grice, 203 A.D.2d 587, 588; People v. Diggs, 185 A.D.2d 990, 991; People v. Deas, 174 A.D.2d 751, 752).
The defendant's remaining contentions are without merit ( see, People v. Melendez, 55 N.Y.2d 445; Matter of Leon RR, 48 N.Y.2d 117, 122-123).
Thompson, J.P., Pizzuto, Santucci and Joy, JJ., concur.