Opinion
August 28, 1989
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order dated February 13, 1987, is reversed, on the law and the facts, the defendant's motion to vacate the judgment of conviction is granted, and a new trial is ordered. The appeals from the judgment and from the order dated October 10, 1984, are dismissed as academic.
The prosecution's violation of the Rosario rule (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; CPL 240.45) requires reversal of the defendant's conviction (see, People v Cardona, 138 A.D.2d 617).
In view of our determination, we do not address the defendant's remaining contentions. Kooper, J.P., Spatt, Harwood and Rosenblatt, JJ., concur.