Opinion
September 15, 1994
Appeal from the Supreme Court, New York County (Richard Failla, J.).
The prosecution does not contest that the police officer's scratch notes concerning defendant's arrest were Rosario material (see, People v. Wallace, 76 N.Y.2d 953). Moreover, there was no showing that the notes had been substantially incorporated into the typewritten complaint report which was provided to defendant and no showing that the notes were routinely destroyed after comparison to such typewritten copy (cf., People v. Boyd, 189 A.D.2d 433, 438-440, lv denied 82 N.Y.2d 714; People v. Hyde, 172 A.D.2d 305, lv denied 78 N.Y.2d 1077). Under these circumstances, and since the notes contained a narrative of the events leading to defendant's arrest, which related directly to the primary issues contested at trial, defendant adequately demonstrated that he had been prejudiced by their loss or destruction to render the court's failure to impose any sanction reversible error (People v. Wallace, supra; People v Martinez, 71 N.Y.2d 937, 940).
Concur — Sullivan, J.P., Carro, Ellerin, Asch and Tom, JJ.