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PEOPLE v. MENGSTIE

260 A.D.2d 264 (1999)

690 N.Y.S.2d 11

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SOLOMON MENGSTIE, Appellant.

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

Decided April 22, 1999.

The court properly declined defendant's request for an adverse inference charge based on the destruction of the 911 tape, since there was no lack of diligence by the People and defendant was not prejudiced (see, People v Daniels, 254 A.D.2d 54). Moreover, the only portion of the erased tape that would have had any significance in the context of the issues raised at trial was the dispatcher...

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