PATROL GUIDE

PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-18 10/16/13 4 of 4
ADDITIONAL
DATA
FORMS AND
REPORTS
Criminal Procedure Law 240.45(1)(a), also referred to as the “Rosario rule,” requires
the prosecutor to make available to the defendant any written or recorded statements
made by a person whom the prosecutor intends to call as a witness at trial and which
relates to the subject matter of witness’ testimony. Failure to preserve and provide such
statements to the defense can have an impact on the outcome of a criminal trial and in
some cases, provide a basis to overturn a conviction. Information obtained through
debriefing of prisoners and which is included in an Intelligence Report can sometimes
be covered by this rule. Similarly, if an FIO includes in the IDS system information
about an active investigation obtained from the case investigator, that information also
may constitute “Rosario” material if the investigator testifies at trial. Therefore, case
investigators should include in their case folders printouts from the IDS system of
information transmitted by the FIO or case investigator. In addition, if a debriefing
results in the opening of a new investigation, a copy of the IDS printout detailing the
information provided by the debriefed prisoner should be included in the new
investigation folder.
COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081a)
NEW • YORK • CITY • POLICE • DEPARTMENT