Opinion
Submitted December 8, 2000
February 26, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 28, 1999, convicting him of robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Trevor L. F. Headley, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ann Bordley, and Gwen M. Schoenfeld of counsel), for respondent.
Before: BRACKEN, ACTING P.J., O'BRIEN, SANTUCCI and FLORIO, JJ., concur.
DECISION ORDER
ORDERED that the judgment is affirmed.
The People's failure to turn over the audiotape recording of a radio communication made by a police officer requesting backup help during the chase and apprehension of the defendant was not a Rosario violation (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), because that officer did not testify at the trial (see, People v. Jackson, 271 A.D.2d 455).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review.