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PEOPLE v. JOHNSON

239 A.D.2d 361 (1997)

657 N.Y.S.2d 200

The People of the State of New York, Respondent, v. Tony Johnson, Also Known as Michael Newman, Appellant

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

May 5, 1997

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the trial court permissibly declined to impose a sanction based upon the unavailability of certain tape recordings of phone calls made to the 911 police emergency phone number. The tapes in question were destroyed pursuant to routine police procedure before the defendant requested them. Under these circumstances, there is no evidence of bad...

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