People v. Gallardo

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Beer-man, J.), rendered August 2, 1989, convicting him of sexual abuse in the third degree (three counts) and harassment, upon a jury verdict, and imposing sentence.

Ordered that the matter is remitted to the Supreme Court, Queens County, to a different Justice to hear and report as to whether certain notes referred to at the trial exist, and if they do, whether the defendant is entitled to them under People v Rosario (9 NY2d 286), and the appeal is held in abeyance in the interim. The Supreme Court shall file its…