Opinion
September 1, 1994
Appeal from the Supreme Court, New York County (Eve Preminger, J.).
The prosecutor's failure to turn over the memo books of the two police witnesses, which constituted Rosario material (People v Rosario, 9 N.Y.2d 286) was a per se error requiring that the conviction be reversed and a new trial ordered.
In People v. Ranghelle ( 69 N.Y.2d 56, 64-65), the Court of Appeals, in deciding co-defendant Buster's appeal, dealing with the same facts and issues before us herein, noted: "The memo book notes of the investigating officers * * * consisted of statements made by complainant Benitez, the prosecution's primary witness. They detailed his initial description of the robbery and the robbers and, as such, the information constituted Rosario material which should have been produced following Benitez's direct testimony".
Concur — Sullivan, J.P., Carro, Ellerin, Asch and Tom, JJ.