People v. Gierszewski

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to exclude the testimony of all witnesses to the Ames Department Store incident as a sanction for a Rosario violation. While the People’s failure to disclose before the suppression hearing police notes of those witnesses’ interviews constitutes a Rosario violation (see, People v Malinsky, 15 NY2d 86), it is undisputed that defense counsel received the notes before trial. The remedy for a pretrial Rosario violation is a new suppression hearing (see, People v Banch, 80…