Opinion
January 25, 1988
Appeal from the Supreme Court, Kings County (Goldman, J.).
Ordered that the judgment is affirmed.
The defendant argues that the People violated the rule set forth in People v Rosario ( 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866) and committed reversible error when they failed to turn over to the defense a UF-61 complaint report prepared by the police.
The People concede that the complaint report constitutes Rosario material (see, People v Ranghelle, 69 N.Y.2d 56; People v Gilligan, 39 N.Y.2d 769) but note that the report was merely the "duplicative equivalent" of material previously given to the defendant (People v Consolazio, 40 N.Y.2d 446, 454, cert denied 433 U.S. 914). Under those circumstances, the People argue that it was not error to fail to turn over the report which would have been cumulative only (see, People v Consolazio, supra).
We agree with the People. A review of the complaint report in question reveals that the statement contained therein is an exact word-for-word transcription of a statement contained in another document which the People did turn over to the defense. It is therefore clear that the complaint report was the "duplicative equivalent" of the material previously produced by the People and no error occurred (see, People v Ranghelle, supra; People v Consolazio, supra).
We have reviewed the defendant's remaining arguments and find them to be without merit. Mangano, J.P., Bracken, Eiber and Harwood, JJ., concur.