In People v. Wagstaff (107 AD2d 877 [3d Dept 1985]), the police intentionally destroyed 16.5 pounds of vegetative matter, alleged to be marijuana, that formed the basis of a marijuana possession charge. As in this case, the defendant in Wagstaff requested an opportunity to examine the evidence, but the request could not be granted because it had been destroyed prior to indictment. While the destruction of the vegetative matter was carried out intentionally, the court determined there was no bad faith involved. Nonetheless, the court precluded the evidence and dismissed the charges, finding that the harm suffered by the defendant could only be appropriately remedied by preclusion, even when it amounted to a dismissal (Wagstaff at 878).