Opinion
2001-01677
Argued September 17, 2002.
October 7, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cowhey, J.), rendered January 26, 2001, convicting him of murder in the second degree and tampering with physical evidence (two counts), upon a jury verdict, and imposing sentence.
White White, New York, N.Y. (Diarmuid White and Brendan White of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Valerie A. Livingston and Richard E. Weill of counsel), for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, reversal is not required based on a Brady violation (see Brady v. Maryland, 373 U.S. 83). At a minimum, the information was disclosed to the defendant in time to give him a meaningful opportunity to use it (see People v. Cortijo, 70 N.Y.2d 868, 870; People v. Ahmed, 244 A.D.2d 415).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85-86).
The defendant's remaining contentions are without merit or do not require reversal.
RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.