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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER GALLARDO, Appellant.

Ordered that the judgment is affirmed.

The testimony at the hearing established that the Assistant District Attorney had compiled a list of questions in preparation of his witness's testimony. The questions do not constitute Rosario material (see, People v Roberts, 178 A.D.2d 622). The testimony at the hearing further established that no other notes or statements prepared by the Assistant District Attorney ever existed. Therefore, there was no violation of People v Rosario ( 9 N.Y.2d 286, cert denied 368 U.S. 866, supra).

We have considered the defendant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Eiber, O'Brien and Ritter, JJ., concur.

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PEOPLE v. GALLARDO
(Aug 9, 1993)