| People v Gomez (Jose) |
| 2006 NY Slip Op 50668(U) [11 Misc 3d 141(A)] |
| Decided on April 19, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court, Bronx County (Raymond L. Bruce, J.), rendered April 29, 2003, convicting him, after a nonjury trial, of attempted aggravated harassment in the second degree (two counts), attempted criminal contempt in the second degree (two counts), and harassment in the second degree, and imposing sentence.
PER CURIAM:
Judgment of conviction (Raymond L. Bruce, J.), rendered April 29, 2003, affirmed.
Defendant's Rosario claim is unpreserved since he requested no remedy or sanction with regard to the nondisclosure of the purported Rosario material (see People v Pines, 298 AD2d 179 [2002], lv denied 99 NY2d 562 [2002]; People v Rodriguez, 293 AD2d 326 [2002], lv denied 98 NY2d 713 [2002]), and we decline to review it in the interest of justice. Were we to review this claim, we would find it unavailing since defendant failed to establish that the documents in question actually existed (see People v Campbell, 7 AD3d 409 [2004], lv denied 3 NY3d 672 [2004]) or that he was prejudiced by the nondisclosure (see CPL 240.75).
This constitutes the decision and order of the court.
Decision Date: April 19, 2006