Opinion
February 21, 1995
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
The testimony at the hearing established that the Assistant District Attorney had compiled a list of questions in preparation of his witness's testimony. The questions do not constitute Rosario material (see, People v. Gallardo, 196 A.D.2d 551; People v. Roberts, 178 A.D.2d 622). Further, three extremely brief factual statements contained within the list of questions were the prosecutor's work product and not statements made by Zachary Green during his pretrial interview. Accordingly, there was no Rosario violation (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Rosenblatt, J.P., Miller, Santucci and Joy, JJ., concur.