People v. Ross

— Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal sale of a controlled substance in the first degree for selling four ounces of cocaine to an undercover police officer on March 7, 1986. Defendant contends that the prosecutor failed to comply with his Rosario obligation because he did not turn over to defendant, prior to opening statements, a report made by the undercover officer concerning a sale of cocaine by defendant on February 4, 1986. CPL 240.45 (1) (a) requires the prosecutor, before opening statements, to make available to the defendant "[a]ny written or…