Opinion
February 28, 1994
Appeal from the Supreme Court, Kings County (Gerges, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on the defendant's conviction of robbery in the first degree from 12 1/2 to 25 years' imprisonment to 8 to 16 years' imprisonment; as so modified, the judgment is affirmed.
The record demonstrates that the defendant failed to establish a factual basis to support his contention that there existed undisclosed Rosario material (see, People v. Poole, 48 N.Y.2d 144, 149; People v. Jones, 196 A.D.2d 559; cf., People v. Adger, 75 N.Y.2d 723). Accordingly, the trial court properly declined to conduct a hearing with respect to the defendant's Rosario contention.
The defendant's sentence was excessive to the extent indicated.
We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Altman and Hart, JJ., concur.