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PEOPLE v. CALLENDAR

207 A.D.2d 900 (1994)

616 N.Y.S.2d 667

The People of the State of New York, Respondent, v. Trevor Callendar, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 26, 1994

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that he was denied due process by the loss of a rape kit prior to testing. The failure of the People to preserve evidentiary material of which no more can be said than that it could have been tested and that the result may have helped the defendant does not violate the Brady rule (see, Arizona v Youngblood, 488 U.S. 51, 57;

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