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PEOPLE v. HOWARD

87 N.Y.2d 940 (1996)

663 N.E.2d 1252

641 N.Y.S.2d 222

The People of the State of New York, Respondent, v. Clifford Howard, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 1996.

Attorney(s) appearing for the Case

John A. Cirando, Syracuse, Ivette Iza Zenner and Jacqueline B. Jones for appellant.

James B. Vargason, District Attorney of Cayuga County, Auburn (Jon E. Budelmann and Karl J. Sleight of counsel), for respondent.

Richard A. Brown, District Attorney of Queens County, pro se, Kew Gardens (Steven J. Chananie and Linda Cantoni of counsel), and Robert M. Morgenthau, District Attorney of New York County, pro se, New York City (Patrick J. Hynes of counsel), amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The statements of witnesses made during defendant's prison disciplinary proceeding were not within the People's control and therefore did not constitute Rosario material. The statements in question were embodied in transcripts that were generated and held by the State Department of Correctional Services. That agency has no duty to share such...

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