People v. Plunkett

The record fails to substantiate the People’s contention that prior to the trial the defendant was furnished with a written statement made by a codefendant to the police. Contrary to the People’s contention, a review of the original Supreme Court file indicates that the statement in question was not *554annexed to their answer to the defendant’s omnibus motion, which was filed with the Supreme Court.

However, under the circumstances of this case, we are satisfied that no substantial right of the defendant was prejudiced by any delay in producing this Rosario material (see, People v Rosario, 9 NY2d…