People v. Samuels

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered July 8, 1999, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Where the People fail to exercise due care in preserving Rosario material (see, People v Rosario, 9 NY2d 286, cert denied 368 US 866), and the defendant is prejudiced thereby, the trial court must impose an appropriate sanction (see, People v Joseph, 86 NY2d 565). In this case, the defendant failed to establish that he was…