People v. Nuness

Judgment unanimously affirmed. Memorandum: Defendant moved pursuant to CPL 440.10 to *988vacate his judgment of conviction on the ground that, at trial, the prosecutor failed to turn over to him certain Rosario material consisting of notes made by a police officer (see, People v Rosario, 9 NY2d 286, rearg denied 9 NY2d 908, cert denied 368 US 866). We conclude that Supreme Court properly denied the motion. The record shows that an eyewitness to the crime called the police. His cousin, a police officer, responded and took notes of what the witness said. Thereafter, the police investigators took a…