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PEOPLE v. MITCHELL

238 A.D.2d 527 (1997)

657 N.Y.S.2d 933

The People of the State of New York, Respondent, v. Sidney Mitchell, Appellant

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

April 21, 1997

Ordered that the judgment is affirmed.

The defendant is not entitled to a de novo Wade hearing based on the People's failure to turn over alleged Rosario material prior to the hearing. The report in question was not relevant to the testimony of the arresting officer at the Wade hearing and therefore did not constitute Rosario material (see, People v Bryant, 209 A.D.2d 630).

The defendant...

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