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People v. Bowens

288 A.D.2d 232 Court N.Y. App. Div. Decision date 2001-11-05 English

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p. 232
The People of the State of New York, Respondent, v Anthony Bowens, Appellant.
[732 NYS2d 372]

—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.

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