Opinion
Submitted January 18, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered September 14, 1998, convicting him of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Thomas S. Burka of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly concluded there was no Rosario violation (see, CPL 240.45[1][a];People v. Banch, 80 N.Y.2d 610 ; People v. Ranghelle, 69 N.Y.2d 56 ;People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866).