People v. Yavru-Sakuk

Patterson, J.,

dissents and votes to reverse the judgment of conviction and remand the matter for a new trial in the following memorandum: CPL 240.45 (1) (a) requires the prosecutor to make available to the defendant any written or recorded statement made by a person whom the prosecutor intends to call as a witness at trial, and which relates to the subject matter of the witness’ testimony. The People only produced two pages of a diary written in Turkish by the victim’s mother who testified at trial regarding the alleged incident. The People refused to produce the entire diary. Inasmuch as…