State v. Hamilton, ___ N.C. App. ___, 822 S.E.2d 548 (Dec. 4, 2018)

The trial court did not err by failing to provide a jury instruction with respect to the audio recording. The court noted that in State v. Nance, 157 N.C. App. 434 (2003), it held that the trial court did not err by declining to give a special instruction requested by the defendant concerning lost evidence when the defendant failed to establish that the police destroyed the evidence in bad faith and that the missing evidence possessed an exculpatory value that was apparent before it was lost. As in this case, the defendant failed to make the requisite showing and the trial court did not err by declining to give the requested instruction.