Opinion
January 24, 1991
Appeal from the Supreme Court, Bronx County (Robert L. Cohen, J.).
Defendant's conviction arises out of a "buy-and-bust" operation. At trial, the People used a diagram not drawn to scale, purporting to show the streets surrounding the place of occurrence and the floor plan of the fifth floor of the building where the transaction occurred. This diagram was destroyed post-trial. Destruction of the diagram does not require a dismissal, in view of the proof available at trial, the limited significance of the missing evidence, and indications that the diagram was routinely destroyed in accordance with office policy (People v Kelly, 62 N.Y.2d 516; People v Haupt, 71 N.Y.2d 929).
Further, the court was correct in summarily denying a Wade hearing as to the confirmatory identification by the undercover police officer. (People v Wharton, 74 N.Y.2d 921.)
Concur — Carro, J.P., Ellerin, Kupferman, Kassal and Rubin, JJ.