| People v Mendez |
| 2008 NY Slip Op 03786 [50 AD3d 1526] |
| April 25, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v SimonMendez, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Elizabeth Clifford of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.),rendered November 10, 2003. The judgment convicted defendant, following a nonjury trial, ofcriminal possession of a controlled substance in the first degree and criminal possession of acontrolled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, following a bench trial,of criminal possession of a controlled substance in the first degree (Penal Law § 220.21[former (1)]) and criminal possession of a controlled substance in the third degree (§220.16 [1]). We reject defendant's contention that there was a Rosario violation and, evenassuming, arguendo, that there was a Brady violation, we conclude that reversal is notrequired based thereon inasmuch as "there is no reasonable probability that the verdict wouldhave been different had the material been disclosed to the defense and presented to the trier offact" (People v Leon, 23 AD3d1110, 1112, lv denied 6 NY3d 755 [internal quotation marks omitted]). The furthercontention of defendant that his due process rights were violated based on the People's failure tovideotape his interrogation is without merit (see People v Rosas, 30 AD3d 545 [2006], affd 8 NY3d 493[2007]). Present—Hurlbutt, J.P., Martoche, Fahey, Green and Gorski, JJ.