Per Curiam
Clark appealed from a City Court judgment convicting her of reckless endangerment and criminal possession of a weapon, among other things. It was alleged Clark fired a gun from her vehicle window while she was driving. Prosecution witnesses identified Clark as the driver, stating they observed her fire the gun. While no gun was recovered, a shell casing was recovered inside the vehicle. Police witnesses testified the casing appeared to be old, and they could not determine when the shot that produced the casing was fired. Also, while there were street video recordings of the area in which the shooting took place, prosecutors never requested copies, and the videos were destroyed. Clark now argue judgment should be reversed as the city court failed to sanction prosecutors for failing to preserve the video recordings, and alleged the verdict was against the weight of the evidence. The unanimous panel disagreed finding the city court drew an adverse inference regarding prosecutors’ failure to secure the street videos. It also found the record established the shell casing was not improperly admitted into evidence as the “probative value…was not outweighed by its prejudicial impact,” thus, the verdict was not against the weight of the evidence, and the judgment was affirmed.
