Ordered that the judgment is affirmed.
The Supreme Court properly declined to preclude testimony or deliver an adverse inference charge with regard to a cell phone that the police had returned to a complainant, in violation of Penal Law § 450.10 (1), shortly after the defendant's arrest. The cell phone had little or no value to the defense, the police did not return it to the complainant in bad faith, and the defense counsel was fully able to pursue the matter...
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