PEOPLE v. SMITH


224 A.D.2d 347 (1996)

638 N.Y.S.2d 66

The People of the State of New York, Respondent, v. Julio Smith, Appellant

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

February 27, 1996


Defendant's claim of a Rosario violation is without merit. The report in question did not constitute Rosario material because it did not contain a recorded statement "made by a person whom the prosecutor intends to call as a witness at trial, and which relates to the subject matter of the witness's testimony" (CPL 240.45 [1] [a]). Further, the notation on the report made by the detective who testified at trial, that the investigation was "active", does not render...

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