| People v Johnson |
| 2018 NY Slip Op 07328 [165 AD3d 1287] |
| October 31, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Isa Johnson, Appellant. |
The Legal Aid Society, New York, NY (David Crow and Quinn Emanuel Urquhart &Sullivan, LLP [Deborah S. Sohn], of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, andPaul Hastings LLP [Gary F. Giampetruzzi and Inna Coleman], of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (AlanMarrus, J.), rendered July 16, 2012, convicting him of manslaughter in the first degree andattempted assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the Supreme Court should have grantedhis motion for a mistrial based on the prosecution's failure to timely disclose informationpertaining to a pending criminal action against a prosecution witness (see Brady vMaryland, 373 US 83 [1963]; People v Rosario, 9 NY2d 286 [1961]; CPL 240.45 [1][c]). The defendant failed to demonstrate that he suffered any prejudice from the delay indisclosure (see CPL 240.75; People v Sanchez, 144 AD3d 1179, 1180 [2016]; People vKing, 298 AD2d 530, 531 [2002]; People v Rodriguez, 269 AD2d 613 [2000]), andthe information was provided to the defendant before cross-examination of the relevant witness(see People v Sanchez, 144 AD3d at 1180; People v King, 298 AD2d at531).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).The fact that a codefendant who pleaded guilty received a more lenient sentence does not warranta reduction of the defendant's sentence (see People v Leduc, 140 AD3d 1305, 1307 [2016]; People vMerchant, 171 AD2d 887, 888 [1991]). Rivera, J.P., Maltese, Barros and Christopher, JJ.,concur.