Opinion
March 29, 1995
Appeal from the County Court, Westchester County (Pirro, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the police stop of his vehicle was lawfully based upon the fact that his car was observed exceeding the speed limit (see, People v. Voliton, 192 A.D.2d 733; People v. Anthony, 191 A.D.2d 573).
We find that the hearing court did not improvidently exercise its discretion by imposing the sanction of permitting the jury to draw an adverse inference, rather than dismissing the indictment, based upon the People's failure to preserve the tapes of the radio transmissions in question (see, People v. Haupt, 71 N.Y.2d 929, 931; People v. Kelly, 62 N.Y.2d 516; People v. Allen, 196 A.D.2d 876). Sullivan, J.P., Lawrence, Copertino and Joy, JJ., concur.