People v. প্রমাণ, 77 N.Y.2d 902 (1991)

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A defendant forfeits the right to appellate review of a Rosario violation if defense counsel fails to request specific relief during the Wade-Mapp hearing when the court has an opportunity to address the alleged error.

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Summary

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During a Wade-Mapp hearing, defense counsel questioned the completeness of Rosario material, specifically mentioning an unexplained “note.” The prosecutor suggested it was attorney work product, but the court ordered further inquiry. Defense counsel did not request an adjournment, postponement, or reservation of rights regarding the note. The hearing concluded, and the court denied suppression without addressing the potential Rosario issue. The New York Court of Appeals held that because defense counsel failed to seek specific relief during the hearing, the defendant was foreclosed from arguing a Rosario violation on appeal.

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Facts

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During the Wade-Mapp hearing before trial, defense counsel raised concerns about whether all Rosario material, particularly a “note” connected to the