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PEOPLE v. RODRIGUEZ

220 A.D.2d 271 (1995)

632 N.Y.S.2d 112

The People of the State of New York, Respondent, v. Elias Rodriguez, Appellant

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

October 12, 1995

In his CPL 440.10 motion, defendant alleged that the People's failure to disclose an alleged autopsy audiotape created by the Office of the Chief Medical Examiner constituted a Rosario violation. In People v Washington (86 N.Y.2d 189, 193), the Court of Appeals considered and rejected an identical claim, holding that a Rosario "obligation simply does not arise where, as here...

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