People v. Frank

— Judgment unanimously affirmed. Memorandum: On appeal from his conviction for burglary, second degree, and grand larceny, second degree, after a retrial, defendant contends that he was improperly denied the minutes of the first trial, to which he claims he was entitled under CPL 240.45 and People v Rosario (9 NY2d 286). The trial court properly determined that the transcript was not discoverable under CPL 240.45 and Rosario and that, because it was as available to defendant as to the prosecution, defendant had the responsibility to obtain it if he believed it necessary. Defendant, who is…