PEOPLE v. VACANTE


215 A.D.2d 415 (1995)

626 N.Y.S.2d 960

The People of the State of New York, Respondent, v. Vincent Vacante, Appellant

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

May 1, 1995


Ordered that the order is affirmed.

At a pretrial hearing, a witness made reference to the audiotapes forming the basis of the defendant's present Rosario claim and the defense counsel made no request for them at that time or at the trial. Inasmuch as the defendant had knowledge of the existence of the subject Rosario material and failed to object at a time when any Rosario violation could have been redressed, the issue has not been preserved...

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