People v. Thompson

OPINION OF THE COURT

Robert S. Kreindler, J.

*805This case involves what the Practice Commentaries (Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11 A, CPL 440.10, 1998 Pocket Part, at 86) describe as “an open question as to whether the per se rule will apply where the Rosario material comes to light * * * after the jury retires but before sentence is imposed.” This case also involves the issue of the appropriate CPL section for bringing a motion to set aside a guilty verdict based upon the discovery of Rosario material after a guilty verdict but before sentencing. This issue has…