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People v. Candelaria

248 A.D.2d 628, 669 N.Y.S.2d 936, 1998 N.Y. App. Div. LEXIS 2860
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 23, 1998
StatusPublished

This text of 248 A.D.2d 628 (People v. Candelaria) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Candelaria, 248 A.D.2d 628, 669 N.Y.S.2d 936, 1998 N.Y. App. Div. LEXIS 2860 (N.Y. Ct. App. 1998).

Opinion

—Appeal by the defendant from a judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered October 29, 1996, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that his conviction must be reversed due to the People’s delay in providing him with Brady material concerning a witness who identified him at trial (see, Brady v Maryland, 373 US 83; People v Cwikla, 46 NY2d 434). However, because the defense counsel had a “meaningful opportunity” to use the allegedly exculpatory material to cross-examine the witness, the defendant’s right to a fair trial was not violated (People v Cortijo, 70 NY2d 868; see, People v Arroyo, 239 AD2d 510; People v Jagopat, 216 AD2d 583).

The sentence imposed was not excessive (see, People Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit.

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
People v. Cwikla
386 N.E.2d 1070 (New York Court of Appeals, 1979)
People v. Cortijo
517 N.E.2d 1349 (New York Court of Appeals, 1987)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Jagopat
216 A.D.2d 583 (Appellate Division of the Supreme Court of New York, 1995)
People v. Arroyo
239 A.D.2d 510 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
248 A.D.2d 628, 669 N.Y.S.2d 936, 1998 N.Y. App. Div. LEXIS 2860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-candelaria-nyappdiv-1998.