People v. Bailey

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

At defendant’s trial, it was discovered that a prosecution witness — a privately employed security guard — had made a report to his employer regarding the incident for which defendant was being prosecuted. Defendant claims that the People’s failure to discover and preserve the statement constitutes a Rosario violation (see, CPL 240.45 [1] [a]; People v Rosario, 9 NY2d 286). The lower courts found, however, with sufficient support in the record, that the People did not know of the statement’s existence or…