People v. Mosby

Mercure, J.P. (dissenting).

As the evidence of the uncharged July 2005 drug .sale is not Rosario material and, regardless, could not have created a reasonable possibility of a different result at trial, we respectfully dissent.

Evidence constituting Rosario material is “[a]ny 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’s testimony” (CPL 240.45 [1] [a] [emphasis added]; see People v Rosario, 9 NY2d 286, 289 [1961], cert denied 368 US 866 [1961]; People v Feerick, 241 AD2d…