People v. Bradley

— Judgment unanimously affirmed. Memorandum: Defendant contends on appeal from a conviction of robbery in the third degree, following a retrial, that he was improperly denied the minutes of his first trial and a Wade hearing conducted prior to the retrial. The court properly determined that the trial transcript was not discoverable under CPL 240.44, 240.45 and People v Rosario (9 NY2d 286). Since the trial transcript was "as available to defendant as to the prosecution, defendant had the responsibility to obtain it if he believed it necessary” (People v Frank, 107 AD2d 1057). The defendant’s…