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PEOPLE v. BOWENS
Appellate Division of the Supreme Court of New York, Second Department.
Nov 5, 2001
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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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