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PEOPLE v. BOATENG

7209. 5269/13.

165 A.D.3d 424 (2018)

84 N.Y.S.3d 143

2018 NY Slip Op 06495

The People of the State of New York, Respondent, v. Jeffrey Boateng, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 2, 2018.

The court providently exercised its discretion in declining to impose any sanction for the People's loss of a recording of a 911 call. The record supports the court's finding that the recording was not Rosario material (see CPL 240.45; People v Rosario, 9 N.Y.2d 286 [1961], cert denied 368 U.S. 866 [1961]), because it was "made by an unknown non-witness on behalf of the non-English-speaking complainant" and ...

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