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PEOPLE v. PABON

213 A.D.2d 289 (1995)

624 N.Y.S.2d 149

The People of the State of New York, Respondent, v. Pedro Pabon, Appellant

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

March 23, 1995

Defendant's claim that he was entitled to a sanction for the destruction of a 911 tape containing a purported statement by the complainant is inadequately preserved due to counsel's failure to request any specific sanction other than the inappropriate sanction of a mistrial (People v Spivey, 81 N.Y.2d 356, 361), and his similar claim with respect to a taped communication made by a police officer is totally unpreserved. Were we to...

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