Citation Numbers: 149 A.D.2d 528, 540 N.Y.S.2d 725, 1989 N.Y. App. Div. LEXIS 4609
Filed Date: 4/10/1989
Status: Precedential
Modified Date: 10/31/2024
— Appeal by the defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered May 12, 1986, convicting him of rape in the first degree, sodomy in the first degree, and incest (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Initially, we note our strong disapproval of the prosecutrix’s . failure, in violation of Brady v Maryland (373 US 83), to disclose certain information she obtained during the course of the trial. Reversal is not required, however, because the defendant independently learned of the existence of this information at a time when he still had "a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witnesses or as evidence during his case (see, People v Brown, 67 NY2d 555, 559; People v Smith, 63 NY2d 41, 68; People v Stridiron, 33 NY2d 287, 292-293)” People v Cortijo, 70 NY2d 868, 870).