| People v Belgrave |
| 2008 NY Slip Op 04714 [51 AD3d 939] |
| May 20, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Sylveste Belgrave, Also Known as Sylvester Belgrave,Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort,and Marie John-Drigo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach,J.), rendered July 7, 2005, convicting him of murder in the second degree and criminalpossession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant's claim that the judgment should be reversed because theprosecution impermissibly delayed in disclosing certain Brady material (see Brady vMaryland, 373 US 83 [1963]). The material at issue was turned over to the defendant at apretrial hearing and within sufficient time for him to use it in a meaningful fashion duringcross-examination or as evidence during his trial (see People v Cortijo, 70 NY2d 868,870 [1987]; People v Rodriguez, 281 AD2d 644, 645 [2001]). There was no indicationthat a reasonable possibility existed that earlier disclosure of the material might have led to adifferent outcome of the trial (see People v Vilardi, 76 NY2d 67, 74 [1990]).
The defendant's remaining contentions are unpreserved for appellate review (see CPL470.05 [2]) and, in any event, are without merit. Florio, J.P., Miller, Dillon and McCarthy, JJ.,concur.