People v. Button

OPINION OF THE COURT

Pine, J. P.

This case presents the issue whether defendant was entitled to Rosario material consisting of a Federal Bureau of Investigation (FBI) file generated by a Fugitive Task Force investigation jointly conducted by Federal and State law enforcement agencies. For the reasons that follow, we conclude that defendant’s Rosario rights must yield to the right of the Federal Government to refuse access to that file.

On December 28, 1992, nine-year-old twin sisters disclosed to their mother that defendant had sexually molested them while they were playing hide-and-seek with a…