Majority
p. 971The People of the State of New York, Respondent, v Salvatore Maiolo, Appellant.
Memorandum: Defendant was convicted of conspiracy in the second degree, following a jury trial, for conspiring to murder an acquaintance who testified against him in a prior trial. Defendant’s primary claim is that reversal is required because the prosecution violated the Rosario rule (see, People v Rosario, 9 NY2d 286 , cert denied 368 US 866 ) by not disclosing notes allegedly made by a key prosecution witness (see, People
p. 972
v Jones, 70 NY2d 547 , 553; People v Ranghelle, 69 NY2d 56 , 63-64). Since this issue was raised by defendant for the first time in his brief on appeal and since there is no factual support in the record for such a claim, we need not address it (see, People v Hicks, 287 NY 165 , 174; People v Palmer, 137 AD2d 881 ; cf., People v Jones, 91 AD2d 1175 , 1176). Defendant may pursue the claim in a CPL article 440 motion if so advised. We have considered defendant’s remaining claims and find that each one lacks merit. (Appeal from judgment of Oneida County Court, Darrigrand, J. — conspiracy, second degree.) Present — Dillon, P. J., Doerr, Green, Balio and Lawton, JJ.
Cases cited
- People v. Rosario 9 NY2d 286 p. 971
- People v. Jones 70 NY2d 547 at 553 p. 972
- People v. Ranghelle 69 NY2d 56 at 63-64 p. 972
- People v. Hicks 287 NY 165 at 174 p. 972
- People v. Palmer 137 AD2d 881 p. 972