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PEOPLE, res, v. NATHAN PERRY, def-ap

8933. PEOPLE, res, v. NATHAN PERRY, def-ap — Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Kirkland & Ellis LLP, New York (James H. McConnell of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Rafael Curbelo of counsel), for res — Judgment, Supreme Court, Bronx County (Colleen D. Duffy, J.), rendered August 20, 2010, as amended March 19, 2012, 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 drug offender, to concurrent terms of four years, unanimously affirmed.

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8933. PEOPLE, res, v. NATHAN PERRY, def-ap — Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Kirkland & Ellis LLP, New York (James H. McConnell of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Rafael Curbelo of counsel), for res — Judgment, Supreme Court, Bronx County (Colleen D. Duffy, J.), rendered August 20, 2010, as amended March 19, 2012, 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 drug offender, to concurrent terms of four years, unanimously affirmed.

Upon review of the unredacted memo book entries of the testifying arresting officer for the day in question, we find no reasonable possibility that the redaction of entries for earlier that day, even assuming that they were sufficiently related to the subject matter of the officer’s direct testimony, materially contributed to the verdict or created the prejudice required to justify a reversal on Rosario grounds (see CPL 240.75; People v. Tucker, 40 AD3d 1213, 1215 [3d Dept 2007], lv denied 9 NY3d 882 [2007]; People v. Wolf, 284 AD2d 102 [1st Dept 2001], mod on other grounds 98 NY2d 105 [2002]).

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