Opinion
May 1, 1995
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the order is affirmed.
At a pretrial hearing, a witness made reference to the audiotapes forming the basis of the defendant's present Rosario claim and the defense counsel made no request for them at that time or at the trial. Inasmuch as the defendant had knowledge of the existence of the subject Rosario material and failed to object at a time when any Rosario violation could have been redressed, the issue has not been preserved for appellate review (see, People v Jackson, 78 N.Y.2d 900, 901; People v Rivera, 78 N.Y.2d 901, 903; People v Rogelio, 79 N.Y.2d 843, 845; People v Toro, 168 A.D.2d 400, cf., People v Smith, 190 A.D.2d 700), and we decline to reach it in the exercise of our interest of justice jurisdiction. Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.