On this appeal, defendant initially argues that County Court erred in only imposing the sanction of an adverse inference charge because of the People's failure to produce, in advance of the trial, a fire investigator's handwritten notes concerning the results of his investigation. It is true that, as a general rule, a defendant has the right to review any prior statements of prosecution witnesses under the Rosario rule (see
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PEOPLE v. SMITH
214 A.D.2d 845 (1995)
625 N.Y.S.2d 684
The People of the State of New York, Respondent, v. Billie G. Smith, Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
April 20, 1995
April 20, 1995
Appellate Division of the Supreme Court of the State of New York, Third Department.
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