People v. Deery

OPINION OF THE COURT

Faviola Soto, J.

Defendant is charged with violating Penal Law §§ 110, 130.55, attempted sexual abuse in the third degree, and Penal Law § 240.26, harassment in the second degree. Defendant has filed a pretrial motion seeking an order pursuant to CPL 240.70 precluding the People from introducing at trial the testimony of the complainant. Defendant asserts that the erasure of the tape recording of the 911 call made by the complainant constitutes a violation of defendant’s right to Rosario material. A hearing was held on March 16, 1995 to resolve the factual issues raised by…