Opinion
January 18, 1990
Appeal from the Supreme Court, New York County (Rose Rubin, J.).
Unlike the situation of a failure to supply Rosario material, which constitutes per se reversible error, "[w]hen the People delay in producing Rosario material, the reviewing court must ascertain whether the defense was substantially prejudiced by the delay." (People v. Ranghelle, 69 N.Y.2d 56, 63.) The trial court properly concluded that the defense was not substantially prejudiced by the prosecution's delay in producing the Rosario material, since the material was made available at a time when it was still fully usable by the defense, and while not strictly duplicative of other information provided, it was cumulative thereof.
Concur — Ross, J.P., Milonas, Wallach and Rubin, JJ.