People v. DiSimone , 751 N.Y.S.2d 403 ( 2002 )


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  • Appeal by the *400defendant 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.

    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 US 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 NY2d 868, 870; People v Ahmed, 244 AD2d 415).

    The sentence imposed was not excessive (see People v Suitte, 90 AD2d 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.

Document Info

Citation Numbers: 298 A.D.2d 399, 751 N.Y.S.2d 403, 2002 N.Y. App. Div. LEXIS 9452

Filed Date: 10/7/2002

Precedential Status: Precedential

Modified Date: 11/1/2024