PEOPLE v. GUTIERREZ

ORDERED that the judgment is affirmed.

The trial court properly sanctioned the People for their delay in producing the Grand Jury testimony of three witnesses by giving the defendant the opportunity to recall those witnesses for further cross-examination (see, People v. Bobadilla, 254 A.D.2d 493; People v. Atkinson, 249 A.D.2d 317; People v. Leon, 186 A.D.2d 587, 588; People v. Best, 186 A.D.2d 141, 141-142). Dismissal was not warranted since the existence of the Rosario material was revealed before the People rested, and therefore the delay did not substantially prejudice the defendant (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Bobadilla, supra; People v. Atkinson, supra; People v. Leon, supra; People v. Best, supra).

The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).