People v. Rodriguez — 218 A.D.2d 715

Majority

p. 715

The People of the State of New York, Respondent, v Carlos Rodriguez, Appellant.

[630 NYS2d 545]

—Appeal by the defendant from a judgment of the Supreme Court, Kings

p. 716

County (Feldman, J.), rendered October 13, 1993, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We agree with the defendant that the court erred in ruling that he was not entitled to a certain arrest report written by one of the police officers who testified at trial. Inasmuch as the report constituted a statement of a prosecution witness relating to the subject matter of that witness’ testimony, it constituted Rosario material which the prosecutor was obligated to provide to the defense (see, People v Martinez, 71 NY2d 937 ; People v Jones, 70 NY2d 547 , 550; People v Gamble, 172 AD2d 687 ). Accordingly, since the court erred in concluding that the People had no duty to turn over the report, the defendant is entitled to a new trial (People v Jones, supra; People v Novoa, 70 NY2d 490 ; People v Gamble, supra).

The defendant’s remaining contentions are lacking in merit. Mangano, P. J., Thompson, Ritter and Florio, JJ., concur.

Cases cited

People v. Martinez 71 NY2d 937 N.Y. 1988-04-26 p. 716
People v. Jones 70 NY2d 547 N.Y. 1987-11-25 at 550 p. 716
People v. Gamble 172 AD2d 687 N.Y. App. Div. 1991-04-15 p. 716
People v. Novoa 70 NY2d 490 N.Y. 1987-11-25 p. 716