PEOPLE v. SUTTON

Ordered that the judgment is affirmed.

The defendant failed to establish a factual basis to support his contention that there existed undisclosed Rosario material (see, People v. Poole, 48 N.Y.2d 144, 149; People v. Billups, 201 A.D.2d 740; cf., People v. Adger, 75 N.Y.2d 723). Accordingly, the trial court properly declined to conduct a hearing with respect to the defendant's Rosario contention.

The trial court did not improvidently exercise its discretion in excluding from evidence a police report containing a purported prior inconsistent statement allegedly made by the complainant, since the defense counsel failed to lay a proper foundation for its admission by confronting the complainant with the alleged discrepancies (see, People v. Duncan, 46 N.Y.2d 74, cert denied 442 U.S. 910; People v. Weldon, 111 N.Y. 569; People v. Banks, 151 A.D.2d 491; People v. Jones, 136 A.D.2d 740; see also, Richardson, Evidence § 501 [Prince 10th ed]).

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.