People v. Johnson

OPINION OF THE COURT

Albert D. Koch, J.

The defendant, Michael Johnson, was convicted of murder in the second degree following a trial by jury before this court, *341and on August 10, 1992 was sentenced to an indeterminate term of imprisonment from 25 years to life.

The defendant now moves, pursuant to CPL 440.10, to set aside the verdict on the grounds that the People failed to meet their Rosario obligations (People v Rosario, 9 NY2d 286; CPL 240.45).

In support of his motion the defendant alleges that the Associate Medical Examiner who testified at trial made an audiotaped record of the autopsy and…