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PEOPLE v. GOURGUE

239 A.D.2d 357 (1997)

657 N.Y.S.2d 737

The People of the State of New York, Respondent, v. Lawford Gourgue, Appellant

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

May 5, 1997

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant contends that a list of questions prepared by the prosecutor during a pretrial interview with the complaining witness constituted Rosario material (see, People v Rosario, 9 N.Y.2d 286), which should have been disclosed to the defense. We agree. It is well settled that "[t]he character of a statement is not to be determined...

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