Opinion
January 13, 2000
Judgment, Supreme Court, New York County (James Yates, J.), rendered May 9, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 1+ to 3 years, unanimously affirmed.
Mark Dwyer for Respondent.
Dominic J. Sichenzia for Defendant-Appellant.
ROSENBERGER, J.P., NARDELLI, ELLERIN, SAXE, BUCKLEY, JJ.
The court properly denied defendant's suppression motion. Defendant's arguments are similar to those this Court rejected on the codefendant's appeal (see, People v. Andrews, 243 A.D.2d 321, lv denied 91 N.Y.2d 923), and we see no reason to reach a different result herein. The court properly refused to preclude testimony as a sanction for the technician's accidental erasure of the 911 tape during the process of copying. In light of the existence and use of the contemporaneous computer report, the loss of the tape caused no prejudice to defendant (see, People v. Hyde, 172 A.D.2d 305, lv denied 78 N.Y.2d 1077).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.