People v. Baghai-Kermani

OPINION OF THE COURT

Titone, J.

Defendant, a psychiatrist, was found guilty, after trial, of 10 separate counts of criminal sale of a prescription for a controlled substance (Penal Law § 220.65). The primary issue in this appeal is whether the People’s failure to disclose a witness’s pretrial statements within the time prescribed by CPL 240.45 requires reversal of the conviction on all 10 counts even though the witness gave evidence pertaining to only two. Rejecting any notion that the Rosario per se rule of reversal automatically and necessarily extends to all counts that were simultaneously…