Opinion
March 4, 1985
Appeal from the Supreme Court, Queens County (Rotker, J., Pitaro, J.).
Judgment reversed, on the law, and matter remitted to Criminal Term for a de novo suppression hearing before another justice.
The prosecution must turn over to a criminal defendant prior statements of the prosecutor's witnesses ( People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866). At the instant suppression hearing, defendant did not receive (1) Police Officer Alyota's notes of the description of the perpetrators given by complainant Thomas Lass, (2) Police Officer Scott's notes from a radio call description received prior to his apprehending defendant, and (3) Assistant District Attorney Fallen's notes of his interview with Lass. The prosecution did not meet its burden of showing a good-faith effort to follow proper procedures to preserve the evidence or to produce such evidence at the hearing ( see, People v. Perez, 50 A.D.2d 908; People v. Day, 102 Misc.2d 11). These circumstances require a de novo suppression hearing before a different justice.
We have considered defendant's remaining contentions and find them to be without merit. Titone, J.P., Thompson, O'Connor and Rubin, JJ., concur.