Opinion
January 22, 1996
Appeal from the Supreme Court, Kings County (Barasch, J., DeLury, J.).
Ordered that the order is affirmed.
The defendant seeks an order vacating his prior judgment of conviction and granting him a new trial based on the People's alleged failure to provide him with a certain police report which contains what purports to be the exculpatory statement of a key prosecution witness (see generally, Brady v Maryland, 373 U.S. 83; People v Rosario, 9 N.Y.2d 286; see also, People v Jackson, 78 N.Y.2d 638). We have no basis upon which to disturb the finding of the Supreme Court, made after a hearing, that the police report in question is a counterfeit.
The defendant's remaining contention is without merit. Bracken, J.P., Rosenblatt, Sullivan and Hart, JJ., concur.