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THE PEOPLE, ETC., RESPONDENT, v. ANTHONY BOWENS, APPELLANT.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the unsigned affidavit at issue was not Rosario material (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Robles, 210 A.D.2d 264; CPL 240.44). In any event, the defendant failed to demonstrate that there was a reasonable possibility that the initial non-disclosure of the unsigned affidavit materially contributed to the result of the trial or suppression hearing (see, CPL 240.75; People v. Small, 286 A.D.2d 513 [2d Dept., Aug. 27, 2001]; People v. Sorbello, 285 A.D.2d 88 [2d Dept., Aug. 27, 2001]; People v. Wolf, 284 A.D.2d 102).

RITTER, J.P., KRAUSMAN, S. MILLER and FLORIO, JJ., concur.

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PEOPLE v. BOWENS
(Nov 5, 2001)