PEOPLE v. WHITTMAN


254 A.D.2d 32 (1998)

678 N.Y.S.2d 100

The People of the State of New York, Respondent, v. James Whittman, Appellant

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

October 1, 1998


Defendant was not deprived of a fair trial as a result of the prosecution's failure to turn over the reports created by a police detective who did not testify at trial. We agree with the court's ruling made in connection with defendant's CPL 330.30 motion that the reports were not Rosario material because they did not relate to the subject matter of the complainant's direct testimony. Moreover, were we to apply a prejudice standard in light of the procedural setting...

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