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People v. Fleurant

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 403 (N.Y. App. Div. 1999)

Opinion

Argued September 7, 1999

November 15, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered March 7, 1995, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

John M. Apicella, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Florence M. Sullivan, and Karen Marcus of counsel), for respondent.

SONDRA MILLER, J.P., CORNELIUS J. O'BRIEN, DAVID S. RITTER, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his argument that he did not timely receive certain alleged Rosario material ( see, People v. Rosario, 9 N.Y.2d 286) and that, therefore, he is entitled to a new trial ( see, People v. Graves, 85 N.Y.2d 1024; People v. Rogelio, 79 N.Y.2d 843; People v. Batista, 233 A.D.2d 195). In any event, he received the alleged Rosario material in sufficient time to make meaningful use of it, and was not substantially prejudiced by the delay ( see, People v. Banch, 80 N.Y.2d 610; People v. Ranghelle, 69 N.Y.2d 56; People v. Perez, 65 N.Y.2d 154).

The defendant's remaining contentions are without merit.

S. MILLER, J.P., O'BRIEN, RITTER, and FLORIO, JJ., concur.


Summaries of

People v. Fleurant

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 403 (N.Y. App. Div. 1999)
Case details for

People v. Fleurant

Case Details

Full title:THE PEOPLE, etc., respondent, v. GUY FLEURANT, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 15, 1999

Citations

266 A.D.2d 403 (N.Y. App. Div. 1999)
698 N.Y.S.2d 155

Citing Cases

Fleurant v. Duncan

The Appellate Division rejected these challenges and affirmed Fleurant's conviction on November 15, 1999.…