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PEOPLE v. TURNER

281 A.D.2d 568 (2001)

723 N.Y.S.2d 43

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN TURNER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 19, 2001.

Ordered that the judgment is affirmed.

During the People's case, the prosecutor indicated that he would call a witness he had previously declared would not be called. The prosecutor also stated that in addition to the Rosario material (see, People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866) previously produced, an audiotape of the witness's conversation with police might exist, but that it would be in...

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