Opinion
Argued February 7, 1990
Decided March 22, 1990
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Thaddeus Owens, J.
Robert S. Dean and Philip L. Weinstein for appellant.
Charles J. Hynes, District Attorney (Linda Breen, Jay M. Cohen and Roseann B. MacKechnie of counsel), for respondent.
Order affirmed. Defendant's request for the plea and sentence minutes of his accomplice as Rosario material (People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), asserted for the first time on appeal under CPL 380.70, is unpreserved because it was made to the trial court on a bare claim of entitlement with no specific response to the court's request for a relevant legal predicate. The other claimed errors in the prosecutor's summation are also either unpreserved or without merit.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.