Opinion
March 7, 1994
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the order is affirmed.
The defendant contends that his conviction should be vacated because the People failed to turn over certain Rosario material at trial (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), i.e., a transcript of a taped interview with the prosecution's main witness, and certain notes of an Assistant District Attorney taken during a separate interview with this witness. It is clear from the record that the defendant knew of the existence of both documents at the time of trial and the defense read from the transcript of the taped interview during cross-examination of the chief prosecution witness. As to the notes of the Assistant District Attorney, the defendant has not demonstrated that the failure to produce them, if that be the case, created a reasonable possibility that such nondisclosure contributed to the verdict (see, People v. Jackson, 78 N.Y.2d 638). Under the circumstances, the court was justified in denying without a hearing the defendant's motion to vacate his judgment of conviction, made some four-and-one-half years after that judgment was rendered (see, People v. Friedgood, 58 N.Y.2d 467, 470-471; People v. Donovon, 107 A.D.2d 433, 443-444; CPL 440.10 [a]). Mangano, P.J., Pizzuto, Altman and Krausman, JJ., concur.