Opinion
June 11, 1998
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
As the People concede, a recently located Desk Appearance Ticket report concerning the arrest of the buyer in this observation sale case was actually in the Peoples possession at the time of trial. Accordingly; a factual determination is required as to whether this undisclosed Rosario material was the duplicative equivalent of disclosed material ( see, People v. Ranghelle, 69 N.Y.2d 56).
Concur — Lerner, P. J., Ellerin, Rubin, Tom and Andrias, JJ.