Opinion
October 6, 1997
Appeal from Supreme Court, Kings County (Starkey, J.).
Ordered that the order dated September 28, 1993, is affirmed.
The only portion of the report in question which constitutes Rosario material is the last line, which states that the victim "sustained minor injuries and refused medical aid". The defendant contends that this statement demonstrates that the victim exaggerated the extent of her injuries, and therefore lessens her credibility. Thus, he argues, the jury might have rejected the victim's testimony about the circumstances of the assault and kidnapping, and acquitted the defendant. We disagree.
The jurors saw photographs of the victim's injuries, taken on the day of the incident, and were able to make their own evaluation of the extent of those injuries. Additionally, the victim's testimony was largely corroborated by other eyewitness testimony. Thus, there is no reasonable possibility that the failure to disclose this Rosario material contributed to the verdict, and, as a result, the defendant has failed to demonstrate the necessary prejudice to warrant the vacating of his conviction ( see, People v. Jackson, 78 N.Y.2d 638, 649).
Bracken, J.P., O'Brien, Goldstein and Florion, JJ., concur.