People v. Barrigar

Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: In response to defendant’s demand for Rosario material, the prosecutor asserted that her notes were attorney work product and therefore not discoverable. Defense counsel argued that any portions of the prosecutor’s notes that contain summaries of witness testimony constitute Rosario material. County Court summarily denied the request on the ground that the notes were attorney work product. That was error. It is well settled that prosecutors’ notes that…