People v. Morrison

Appeal by the defendant from a judgment of the County Court, Suffolk County (Namm, J.), dated May 8, 1990, convicting him of sodomy in the first degree (16 counts), upon a jury verdict, and imposing sentence. Justice O’Brien has been substituted for former Justice Harwood (see, 22 NYCRR 670.1 [c]).

Ordered that the judgment is affirmed.

The choice of an appropriate sanction for the failure to timely disclose Rosario material (see, People v Rosario, 9 NY2d 286, cert denied 368 US 866) is committed to the sound discretion of the trial court (see, People v Vasquez, 143 AD2d 161). Where there has…