Opinion
March 17, 1994
Appeal from the Family Court, New York County (Judith Sheindlin, J.).
The 911 tape, in which a nontestifying civilian reported the crime, was not Rosario material, notwithstanding that the non witness was presumably relaying information from the complainant, because the tape was not a "written or recorded statement" by a testifying witness (Family Ct Act § 331.4 [a]; Matter of Andrew T., 182 A.D.2d 630, lv denied 80 N.Y.2d 757).
Concur — Rosenberger, J.P., Ellerin, Rubin, Nardelli and Williams, JJ.