People v. Rutledge

OPINION OF THE COURT

Donald J. Mark, J.

During the defendant’s trial on charges of burglary in the second degree, petit larceny, leaving the scene of an incident and other traffic violations, he claimed three violations of People v Rosario (9 NY2d 286, cert denied 386 US 866) and CPL 240.45 (1) (a), as prior to trial he had moved for discovery, pursuant to CPL 240.20, for any written or recorded statement made by a witness which related to that action,1 and the prosecutor had not responded.

The defendant asserted that this demand included the 911 tape of a telephone call from a civilian witness…