Opinion
Submitted October 9, 2001.
November 5, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered June 24, 1999, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Neil L. Fishman of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Noreen Healey of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, SONDRA MILLER, ANITA R. FLORIO, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the unsigned affidavit at issue was not Rosario material (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Robles, 210 A.D.2d 264; CPL 240.44). In any event, the defendant failed to demonstrate that there was a reasonable possibility that the initial non-disclosure of the unsigned affidavit materially contributed to the result of the trial or suppression hearing (see, CPL 240.75; People v. Small, 286 A.D.2d 513 [2d Dept., Aug. 27, 2001]; People v. Sorbello, 285 A.D.2d 88 [2d Dept., Aug. 27, 2001]; People v. Wolf, 284 A.D.2d 102).
RITTER, J.P., KRAUSMAN, S. MILLER and FLORIO, JJ., concur.