Judgment unanimously affirmed. Memorandum: We need not decide whether the principle established by People v Rosario ( 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866, rearg denied 14 N.Y.2d 876, 15 N.Y.2d 765) applies to preliminary parole revocation hearings. Here, the materials requested by counsel for relator were not in the possession or control of the Division of Parole. Thus, the Division of Parole was under no obligation to furnish those materials to relator (People v Bailey, 73 N.Y.2d 812; People v Tissois, 72 N.Y.2d 75, 78; People v Fishman, 72 N.Y.2d 884; People v Reedy, 70 N.Y.2d 826, 827; People v Letizia, 159 A.D.2d 1010, lv denied 76 N.Y.2d 738). It was not error to preclude the testimony of the witness sought to be called at the preliminary hearing because her testimony did not relate to the charge under consideration.