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PEOPLE v. HERNANDEZ

196 Misc.2d 132 (2003)

761 N.Y.S.2d 765

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDY HERNANDEZ, Appellant.

Supreme Court, Appellate Term, Second Department.

April 25, 2003.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Andrew C. Fine and Beth S. Lyons of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Sharon Y. Brodt and Brian Michels of counsel), for respondent.

PESCE, P.J., ARONIN and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously affirmed.

In our opinion, the trial court's refusal to provide the jury with an adverse inference charge as to the People's alleged failure to produce handwritten notes, taken by an unnamed uniformed officer during a conversation with a witness, did not constitute reversible error. The witness, under cross-examination, simply testified...

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