Opinion
2003-10890.
Decided May 24, 2004.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated June 25, 2003, which, upon a fact-finding order of the same court dated May 14, 2003, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of robbery in the third degree and criminal possession of stolen property in the fifth degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of one year. The appeal brings up for review the fact-finding order dated May 14, 2003, and the denial, after a hearing, of the appellant's motion to suppress identification testimony.
Monica Drinane, New York, N.Y. (Judith Waksberg, Randy Hertz, and Jacqueline Deane of counsel; Liyah K. Brown on the brief), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and Tahirih M. Sadrieh of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA L. TOWNES, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the appeal from so much of the order of disposition as placed the appellant on probation for a period of one year is dismissed as academic, without costs or disbursements, as the period of probation has expired ( see Matter of Wanji W., 305 A.D.2d 690); and it is further,
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the appellant's contention, under the circumstances, the Family Court correctly denied his motion to suppress the complainant's identification testimony ( see Matter of Ronald W., 146 A.D.2d 703; Matter of Kenneth S., 128 A.D.2d 881). Furthermore, under the circumstances, the court providently exercised its discretion in refusing to strike the complainant's testimony as a sanction for the destruction of Rosario material ( see People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), the audiotape of a 911 telephone call ( see People v. Banch, 80 N.Y.2d 610; People v. Martinez, 71 N.Y.2d 937; People v. Haupt, 71 N.Y.2d 929). There was no showing of bad faith on the part of the Presentment Agency or evidence of prejudice to the appellant whose counsel had the opportunity to cross examine the Presentment Agency's witnesses using a "sprint" report of the 911 call ( see People v. Green, 244 A.D.2d 423).
The appellant's remaining contentions are without merit.
RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.