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PEOPLE v. HEREDIA

62 A.D.3d 615 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ULYSES HEREDIA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 28, 2009.

The court properly exercised its discretion in denying defendant's request for a sanction resulting from the unavailability of the tape recording of the victim's 911 call inasmuch as defendant has not established that he was prejudiced by the absence of the tape (see e.g. People v McDermott, 279 A.D.2d 361 [2001], lv denied 96 N.Y.2d 803 [2001]). Defendant's argument that the tape may have revealed discrepancies in the details...

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