Opinion
October 12, 1995
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
In his CPL 440.10 motion, defendant alleged that the People's failure to disclose an alleged autopsy audiotape created by the Office of the Chief Medical Examiner constituted a Rosario violation. In People v. Washington ( 86 N.Y.2d 189, 193), the Court of Appeals considered and rejected an identical claim, holding that a Rosario "obligation simply does not arise where, as here, the People lack control over the items in question and the entity in possession of them is not a law enforcement agency".
Concur — Murphy, P.J., Rubin, Kupferman and Williams, JJ.