People v. Collins

—Judgment unanimously affirmed. Memorandum: Supreme Court properly permitted the People to elicit testimony from the teacher of one of the victims concerning the diary kept by that victim. The People were not obligated under Rosario to produce the diary because it was not in their possession or control (see, People v Tissois, 72 NY2d 75, 78). Defendant’s contentions that the testimony concerning the diary improperly bolstered the testimony of the victim and her identification of defendant and constituted improper opinion evidence are not preserved for our review (see, CPL 470.05 [2]), and we…