Opinion
April 14, 1989
Appeal from the Wayne County Court, Parenti, J.
Present — Doerr, J.P., Boomer, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of third degree rape, defendant argues that his statements to the police were involuntarily made and that the People failed to provide him with Rosario material (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866). The hearing court found that neither claim had merit and its decision is entitled to great weight (see, People v. Prochilo, 41 N.Y.2d 759). Confronting the defendant with the unfavorable result of a polygraph test did not result in involuntariness because there was no deception so fundamentally unfair as to deny due process, and no promises or threats were made to induce a false confession (see, People v. Tarsia, 50 N.Y.2d 1, 11; People v. Henry, 132 A.D.2d 673, 675; People v. Leonard, 59 A.D.2d 1, 12-13). The affidavit of the State Police investigator in support of an order authorizing the transportation of the defendant to take the polygraph test did not constitute Rosario material because the substance of the affidavit did not relate to the subject matter of the witness's trial testimony (see, CPL 240.45 [a]; People v. Reedy, 70 N.Y.2d 826).