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PEOPLE, res, v. ANDREW BLAKE, def-ap

9700. PEOPLE, res, v. ANDREW BLAKE, def-ap — Richard M. Greenberg, Office of The Appellate Defender, New York (Rahul Sharma of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for res — Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered April 7, 2009, convicting defendant, after a jury trial, of attempted murder in the second degree (three counts), assault in the first degree (two counts), assault in the second degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the first degree and bribery in the second degree, and sentencing him to an aggregate term of 25 years, unanimously affirmed.

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9700. PEOPLE, res, v. ANDREW BLAKE, def-ap — Richard M. Greenberg, Office of The Appellate Defender, New York (Rahul Sharma of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for res — Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered April 7, 2009, convicting defendant, after a jury trial, of attempted murder in the second degree (three counts), assault in the first degree (two counts), assault in the second degree, criminal possession of a weapon in the second degree (two counts), reckless endangerment in the first degree and bribery in the second degree, and sentencing him to an aggregate term of 25 years, unanimously affirmed.

Defendant did not preserve his claim that the court should have given an adverse inference charge regarding the loss of a police-made surveillance videotape. As an alternative holding, we find that although such an instruction would have been appropriate, its absence was harmless (see People v. Crimmins, 36 NY2d 230 [1975]). For related reasons, we also find that trial counsel’s failure to request the instruction did not deprive defendant of effective assistance under the state and federal standards (see People v. Benevento, 91 NY2d 708, 713-714 [1998]; Strickland v. Washington, 466 US 668 [1984]).

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