Opinion
April 25, 1994
Appeal from the County Court, Westchester County (Herold, J.).
Ordered that the judgment is affirmed.
The defendant contends, among other things, that the trial court should have precluded the testimony of a prosecution witness, Detective Sabol, or given an adverse inference charge because the People failed to turn over to the defense a tape-recorded report dictated by Sabol. We disagree. Sabol merely dictated his report into a dictaphone, and the report was then typed by a typist. Sabol testified to the accuracy of the typed report, which had been given to defense counsel. There is no evidence of any bad faith on the part of the People. Under these circumstances, the defendant suffered no prejudice, and he was not entitled to a sanction against the prosecution (see, People v Martinez, 71 N.Y.2d 937, 940; People v Jackson, 172 A.D.2d 935; cf., People v Deas, 174 A.D.2d 751; People v Serrando, 184 A.D.2d 1094).
We have examined the defendant's remaining contentions and find them to be unpreserved for appellate review, without merit, or, to the extent that there was any error, harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230). Miller, J.P., Lawrence, Altman and Krausman, JJ., concur.