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PEOPLE v. JOHNSON

42 N.Y.2d 841 (1977)

The People of the State of New York, Respondent, v. Horace Johnson, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1977.

Attorney(s) appearing for the Case

Rowan Peter Kirchheimer and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (George P. McKeegan and Peter L. Zimroth of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

We need not reach the issue of the propriety of the conduct of the police in destroying tape recordings of various conversations with the defendant, based upon their independent judgment that the tapes were inaudible and contained no exculpatory material, since this issue was not preserved for our review (cf. People v Tutt, 38 N.Y.2d 1011, 1013).

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