Judgment unanimously affirmed.
Memorandum:
Defendant was convicted, following a jury trial, of rape in the first degree (Penal Law § 130.35 [1]) and unlawful imprisonment in the first degree (Penal Law § 135.10). On appeal defendant contends that the destruction by the police of certain exculpatory physical evidence seized from his room denied him a fair trial (Brady v Maryland,
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