People v. Letizia

Judgment unanimously af*1011firmed. Memorandum: The statement that the victim gave to the Crime Victims Compensation Board was not Rosario material (see, CPL 240.45 [1] [a]; People u Rosario, 9 NY2d 286) because the transcript of the testimony was not in the possession or control of the prosecution (see, People v Reedy, 70 NY2d 826, 827; see also, People v Bailey, 73 NY2d 812, 813; People v Tissois, 72 NY2d 75).

The testimony of the victim’s uncle that the victim told him that defendant had participated in the assault was admissible to refute the inference created by defense counsel that the victim…