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PEOPLE v. DEFINA

256 A.D.2d 587 (1998)

685 N.Y.S.2d 249

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DEFINA, Appellant.

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

Decided December 28, 1998.

Ordered that the order is affirmed.

The defendant argues that the People's failure to turn over message number 5 on a "Sprint Tape", was a violation of People v Rosario (9 N.Y.2d 286, cert denied 368 U.S. 866), since the message contained statements made by prosecution witnesses. Contrary to the defendant's contention, to the extent that message number 5 contained a statement by a prosecution witness relaying information...

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