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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER EDWARDS, Appellant.

The court's exercise of discretion in providing an adverse inference instruction as a sanction for the lost pages in the officer's memo book was appropriate and adequate ( People v Haupt, 71 NY2d 929; People v Sandoz, 184 AD2d 336, lv denied 80 NY2d 909). Since there is no reasonable probability that the verdict would have been different but for the loss of the evidence, reversal under Brady v Maryland ( 373 US 83) is unwarranted. Nor did the prosecutor impeach his own witness in violation of CPL 60.35 when he referred a witness with faulty recollection to a written statement without revealing its contents. We have considered defendant's remaining contentions and find them to be without merit.

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PEOPLE v. EDWARDS
(Oct 31, 1996)