People v. Payne

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant claims that it was reversible error for the *745People to have failed to give him, prior to trial, the memorandum of a statement previously made by a prosecution witness (see People v Rosario, 9 NY2d 286). The memorandum in question was the recorded statement made by Officer De Setto, an eyewitness to the crime, and was provided to defendant during the trial but after De Setto had testified.

Defendant alleges that the failure to afford him an opportunity to use this statement in cross-examination of De…