Majority
—Appeal by the defendant from a judgment of the Supreme Court, Queens Comity (McDonald, J.), rendered June 24, 1999, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the unsigned affidavit at issue was not Rosario material (see, People v Rosario, 9 NY2d 286 , cert denied 368 US 866 ; People v Robles, 210 AD2d 264 ; CPL 240.44 [1]). In any event, the defendant failed to demonstrate that there was a reasonable possibility that the initial non-disclosure of the unsigned affidavit materially contributed to the result of the trial or suppression hearing (see, CPL 240.75; People v Small, 286 AD2d 513 ; People v Sorbello, 285 AD2d 88 ; People v Wolf, 284 AD2d 102 ). Ritter, J. P., Krausman, S. Miller and Florio, JJ., concur.
Cases cited
- People v. Rosario 9 NY2d 286 p. 232
- People v. Small 286 AD2d 513 p. 232
- People v. Sorbello 285 AD2d 88 p. 232
- People v. Wolf 284 AD2d 102 p. 232