| People v Fuentes |
| 2008 NY Slip Op 01165 [48 AD3d 479] |
| February 5, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseFuentes, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anne C. Feigus, andClare Cusack of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.),rendered February 28, 2006, convicting him of rape in the first degree and sodomy in the firstdegree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant moved for a mistrial on the ground that the People failed to disclose a certaindocument in violation of Brady v Maryland (373 US 83 [1963]). However, evenassuming that the document at issue constituted Brady material, the Supreme Court didnot err in denying the defendant's motion. While the People unquestionably have a duty todisclose exculpatory material in their control, a defendant's constitutional right to a fair trial isnot violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatorymaterial to cross-examine the People's witnesses or as evidence during his case (see People vCortijo, 70 NY2d 868, 870 [1987]; People v Myron, 28 AD3d 681 [2006], cert denied 549 US —, 127 S Ct 1919 [2007]).
The defendant's remaining contentions are without merit. Rivera, J.P., Ritter, Dillon andCarni, JJ., concur.