PEOPLE v. ALSTON (1998)

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

The PEOPLE of the State of New York, Respondent, v. Jerry ALSTON, a/k/a Jesus Gamboa, Defendant-Appellant.

Decided: June 11, 1998

Before LERNER, P.J., and ELLERIN, RUBIN, TOM and ANDRIAS, JJ.

Donna Krone, for respondent. Bruce D. Austern, for defendant-appellant.

Appeal from judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered April 12, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, held in abeyance and the matter remanded to Supreme Court, New York County for the purpose of making a determination as to whether an undisclosed Desk Appearance Ticket report was the duplicative equivalent of disclosed material.

As the People concede, a recently located Desk Appearance Ticket report concerning the arrest of the buyer in this observation sale case was actually in the People's possession at the time of trial. Accordingly, a factual determination is required as to whether this undisclosed Rosario material was the duplicative equivalent of disclosed material (see, People v. Ranghelle, 69 N.Y.2d 56, 511 N.Y.S.2d 580, 503 N.E.2d 1011).

MEMORANDUM DECISION.

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