People v. Perez

Gibbons, J. P. (dissenting).

Of primary importance to defendant’s appeal is the question of whether his rights under People v Rosario (9 NY2d 286) were violated when his attorney was prevented from reviewing a certain prior statement made by a key prosecution witness. In my view, the statement in question does constitute Rosario material. Moreover, I have reached the conclusion that this statement is not the duplicative equivalent of another statement which was provided to defendant’s attorney and that therefore defendant is entitled to reversal of his conviction and a new trial.

Defendant and…