Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]) and possession of burglar's tools (Penal Law § 140.35). County Court properly exercised its discretion in fashioning an appropriate sanction for the People's destruction of evidence (see, People v Kelly,
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