PEOPLE v. MELENDEZ

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the People's failure to produce an audiotape claimed to contain a pretrial interview of a trial witness did not constitute a Rosario violation, as there was no indication that the interview was successfully recorded ( see, CPL 240.45 [a]; People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Ray, 224 A.D.2d 722; People v. Perez, 209 A.D.2d 643; People v. Barnes, 200 A.D.2d 751; People v. Dudley, 156 A.D.2d 581; People v. Littles, 192 A.D.2d 314).

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

The defendant's remaining contention is without merit.

Bracken, J. P., Santucci, Friedmann and Florio, JJ., concur.