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PEOPLE v. COLLINS

277 A.D.2d 1021 (2000)

715 N.Y.S.2d 348

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MORRIS E. COLLINS, Appellant.

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

Decided November 13, 2000.

Judgment unanimously affirmed.

Memorandum:

Supreme Court properly permitted the People to elicit testimony from the teacher of one of the victims concerning the diary kept by that victim. The People were not obligated under Rosario to produce the diary because it was not in their possession or control (see, People v Tissois, 72 N.Y.2d 75, 78). Defendant's contentions that the testimony concerning the diary...

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