Opinion
July 2, 1987
Appeal from the Supreme Court, New York County (Thomas Galligan, J.).
In the instant case, Mr. Michael Davenport (Mr. Davenport) testified as a witness for the People. The defendant contends that the People were required to disclose to him certain Grand Jury minutes, which contained Mr. Davenport's testimony in another case. We have examined the subject Grand Jury minutes of Mr. Davenport, and find that they do not constitute Rosario material (People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), since those minutes refer to an unrelated matter, which occurred a number of years prior to the commission of the instant crimes. As a result of this conclusion, defendant is not entitled to be given those minutes.
We have considered the other points raised by the defendant, and find them to be without merit.
Concur — Sandler, J.P., Ross, Milonas, Kassal and Smith, JJ.