Opinion
March 1, 1999
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the People's failure to produce an audiotape claimed to contain a pretrial interview of a trial witness did not constitute a Rosario violation, as there was no indication that the interview was successfully recorded ( see, CPL 240.45 [a]; People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Ray, 224 A.D.2d 722; People v. Perez, 209 A.D.2d 643; People v. Barnes, 200 A.D.2d 751; People v. Dudley, 156 A.D.2d 581; People v. Littles, 192 A.D.2d 314).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
Bracken, J. P., Santucci, Friedmann and Florio, JJ., concur.