Defendant appeals from a judgment of the Criminal Court, New York County, rendered March 15, 2004 after a jury trial (Gerald Harris, J.) convicting him of petit larceny (Penal Law § 155.25) and criminal possession of stolen property in the fifth degree (Penal law § 165.40), and imposing sentence.

PER CURIAM:

Judgment of conviction rendered March 15, 2004 (Gerald Harris, J.) affirmed.

Defendant's claim that the trial court should have precluded evidence relating to the stolen store merchandise for violation of Penal Law § 450.10 is without merit, since the property was not in police custody and there was insufficient prejudice to defendant to warrant any sanction (see People v Williams, 214 AD2d 437, 438 [1995], lv denied 86 NY2d 805 [1995]; People v Faucette, 201 AD2d 252, 253 [1994]). Nor did the court err in denying defendant's request for an adverse inference charge with respect to a surveillance videotape that was never in the possession of the police or prosecution. "The People have no constitutional or statutory duty [*2]to acquire, or prevent the destruction of, evidence generated and possessed by private parties" (People v Banks, 2 AD3d 226 [2003], lv denied 2 NY3d 737 [2004].

This constitutes the decision and order of the court.
Decision Date: September 28, 2005