In vacating the judgment of conviction, which this Court had previously affirmed (81 A.D.2d 1045, lv denied 54 N.Y.2d 685), based on defendant's claim of a Rosario violation, the trial court applied an erroneous standard, that is, that the People's failure to turn over the material in question at trial was not subject to harmless error analysis. As the Court of Appeals has now held, a defendant who has exhausted his direct appeal and raises a Rosario...
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