In re Kelvin D.

Memorandum. In our view, the trial court erred in refusing to provide defense counsel with copies of the sought-after police documents. The interview summaries were drawn directly from prior statements of prosecution witnesses to the initial officers on the scene. The police report and arrest forms were, in turn, based upon information derived from the earlier statements. The defendant was entitled to the use of these prior statements during the cross-examination of these witnesses. (People v Rosario, 9 NY2d 286, 289, cert den 368 US 866; see People v Consolazio, 40 NY2d 446.) The fact that…