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PEOPLE v. ALVARADO

201 A.D.2d 486 (1994)

607 N.Y.S.2d 399

The People of the State of New York, Appellant, v. Victor Alvarado, Also Known as Carlos Jusino, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 1994

Ordered that the order is affirmed.

A defendant who has exhausted direct appeal and subsequently seeks to raise a Rosario claim (People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866) by way of a CPL 440.10 motion must show that actual, ascertainable prejudice resulted from the prosecution's failure to turn over Rosario material (see, People v...

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