| People v Yung Kim |
| 2007 NY Slip Op 52265(U) [17 Misc 3d 135(A)] |
| Decided on December 3, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx
County (Raymond L. Bruce, J.), rendered September 24, 2004, after a jury trial, convicting him
of driving while impaired, and imposing sentence.
PER CURIAM:
Judgment of conviction (Raymond L. Bruce, J.), rendered September 24, 2004, affirmed.
The trial court properly exercised its discretion
in refusing to give an adverse inference charge with respect to an erased 911 tape. There
was no bad faith on the part of the People, the exculpatory value of the tape was speculative, and
defendant — who received a copy of the Sprint report — showed no discernible
prejudice (see People v Bailey, 24 AD3d 106 [2005], lv denied 6 NY3d 773
[2006]; People v Mays, 295 AD2d 149, 150 [2002], lv denied 98 NY2d 769
[2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 3, 2007