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PEOPLE v. KANANI

226 A.D.2d 226 (1996)

641 N.Y.S.2d 26

The People of the State of New York, Respondent, v. Behrooz Kanani, Appellant

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

April 18, 1996

Defense counsel specifically requested the production of the videotaped Grand Jury testimony of the prosecution's child witnesses as Rosario material. CPL 240.45 (1), which is recognized as a codification of the Rosario rule (see, People v Washington, 86 N.Y.2d 189, 191-192), explicitly states:

"After the jury has been sworn and before the prosecutor's opening address, or in the case of a single judge...

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