AppT No. 72
   The People &c.,
   Appellant,
   v.
   Bedros Yavru-Sakuk,
   Respondent.
     _________________________________________________________________

   2002 NY Int. 61

   June 4, 2002

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.

   Vered Adoni, for appellant.
   Sarita Kedia, for respondent.
     _________________________________________________________________

   LEVINE, J.:

   Defendant, a dentist, was convicted of sexual abuse in the third
   degree (Penal Law § 130.55) for fondling a 17-year-old girl during
   an appointment. The issue in this case is whether the loss on appeal
   of a trial exhibit -- a tape recording of a conversation in which
   defendant responded to the victim's allegations of abuse -- warranted
   summary reversal of defendant's conviction on the ground that the loss
   deprived the Appellate Term of the ability to conduct any meaningful
   appellate review.

   The complainant testified at a bench trial about the events in
   question, including that defendant sexually abused her while
   purportedly treating her teeth. A police investigator also testified
   that, when this incident was reported to the police several months
   later, she requested the complainant to call defendant at his office
   to confront him with the accusations of sexual abuse. A tape recording
   of that conversation was admitted into evidence. When questioned at
   trial about the conversation, defendant testified that he was shocked
   by the allegations and could not freely discuss them at the time of
   the phone call because of the presence of his dental assistant and a
   patient. However, he conceded his failure to deny the allegations of
   physical contact, testifying instead that he had told the complainant
   that "there is a misunderstanding; there is a mistake. * * * I am
   sorry for the way you feel, okay" and that "it was not my intent."

   The court found defendant guilty and sentenced him to one year