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The People of the State of New York, Respondent, v. Pito Soto, Appellant

New York Supreme Court, Appellate Division2000-02-28
269 A.D.2d 614704 N.Y.S.2d 830

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Opinion

majority opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered September 14, 1998, convicting him of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly concluded there was no Rosario violation (see, CPL 240.45 [1] [a]; People v Banch, 80 NY2d 610; People v Ranghelle, 69 NY2d 56; People v Rosario, 9 NY2d 286, cert denied 368 US 866). Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.