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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORBERTO J. FELIX-TORRES, Appellant.

MEMORANDUM AND ORDER

Rose, J.

In a our prior decision ( 281 A.D.2d 649), we remitted this matter to County Court to afford defendant an opportunity to demonstrate that actual prejudice arose from the nondisclosure of certain Rosario material as now required by CPL 240.75 and, in the event he did so, to permit County Court to determine whether the nondisclosure constituted grounds for vacating the conviction. At a hearing on May 22, 2001, County Court determined that defendant failed to sustain his burden of establishing actual prejudice arising from the People's nondisclosure. There being no further submissions by the parties in this matter and given defense counsel's concession at the hearing that she could not point to any specific aspect of the trial that would have been materially affected by timely disclosure, we perceive no error in County Court's determination of this threshold issue. Accordingly, we find no Rosario violation warranting vacatur of the judgment of conviction (see, CPL 240.75).

ORDERED that the judgment is affirmed.

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PEOPLE v. FELIX-TORRES
(Sep 6, 2001)