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PEOPLE v. MOBLEY

Appellate Division of the Supreme Court of New York, Second Department.
Feb 16, 1993

Ordered that the judgment is affirmed.

The failure of the prosecution to turn over a copy of the receipt the complainant signed before retrieving her property from the property clerk's office was not a Rosario violation (see, People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866) since the information contained in the form was unrelated to the subject matter of the complainant's direct testimony (see, CPL 240.45 [a]; People v Deas, 174 A.D.2d 751; People v Watkins, 157 A.D.2d 301).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Rosenblatt, Lawrence and Miller, JJ., concur.