NY · jury_instructions

CJI2d[NY] Adverse Inference: Missing Rosario

ADVERSE INFERENCE: MISSING ROSARIO MATERIAL

activein force · 2026-09-25 – presentas-observed

Under our law, the People are required to have made available to a defendant any written [or recorded] statement made by a person whom the prosecutor intends to call as a witness at trial, which relates to the subject matter of the witness’s testimony, and which was in the possession of the prosecutor or police.¹

In this case, (specify writing or recording) contained a statement of (specify name of witness) and that writing [recording] was in the possession of the [prosecutor][police] and was not provided to the defense, as required by law [because (specify if in evidence)].

In the absence of (specify writing or recording) you may, but are not required to, infer that it contained one or more statements of (specify name of witness) which are not consistent with his/her trial testimony.²

History

Caption: ADVERSE INFERENCE: MISSING ROSARIO MATERIAL. Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).

Provenance

Source: nycourts.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: 54d89526261299fe4f5ad6e4de2e1fb16431659c2d515344c07422a806165f47

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