| People v Graves |
| 2009 NY Slip Op 04083 [62 AD3d 900] |
| May 19, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Carlos Graves, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisnerof counsel), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County(Lott, J.), dated August 10, 2006, which denied, without a hearing, his motion pursuant to CPL440.10 to vacate a judgment of the same court rendered September 9, 1996, convicting him ofmurder in the second degree and attempted murder in the second degree, upon a jury verdict, andimposing sentence, and, in effect, pursuant to CPL 440.20 to set aside the sentence imposed.
Ordered that the order is affirmed.
In support of that branch of his motion which was pursuant to CPL 440.10 to vacate thejudgment against him, the defendant contended that the prosecution committed a Bradyviolation (see Brady v Maryland, 373 US 83 [1963]) by failing to disclose that oneof its witnesses at trial had prior arrests and convictions under a different name. Since thiscontention was either raised, or could have been raised, in the context of a first, unsuccessfulmotion pursuant to CPL 440.10 made by the defendant, it was within the Supreme Court'sdiscretion to deny, without a hearing, that branch of the defendant's current motion (seeCPL 440.10 [3] [b], [c]; People vCochrane, 27 AD3d 659, 660 [2006], cert denied 538 US 1060 [2003]). In anyevent, there is no reasonable possibility that the nondisclosure affected the outcome of the trial(see People v Pressley, 91 NY2d 825 [1997]; People v Vilardi, 76 NY2d 67[1990]; People v McGee, 232 AD2d 429 [1996]).[*2]
Further, contrary to the defendant's contention in supportof that branch of his motion which was, in effect, pursuant to CPL 440.20, the consecutivesentences imposed were not illegal. The evidence at trial established that the crimes involvedseparate and distinct acts against separate victims (see People v Brathwaite, 63 NY2d839, 843 [1984]; People v Boone,30 AD3d 535, 536 [2006]; People v Maldonado, 5 AD3d 505, 506-507 [2004]; People vPorter, 256 AD2d 363, 364 [1998]). Prudenti, P.J., Santucci, Florio and Belen, JJ., concur.