People v. Diaz

194 A.D.2d 475, 599 N.Y.S.2d 283, 1993 N.Y. App. Div. LEXIS 6770

Opinion

—Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered May 20, 1991, convicting defendant, after a jury trial, of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to two concurrent indeterminate prison terms of four and one-half to nine years, unanimously affirmed.

Defendant’s conviction arose out of his participation in multiple drug sales.

We reject defendant’s contention that he is entitled to a new trial, upon the basis of the People’s late delivery to him, during trial, of the grand jury testimony of a witness for the People, since we find that the late delivery of this Rosario material is harmless, in view of the fact that defendant has not shown substantial prejudice (People v Witherspoon, 156 AD2d 306, 308, affd 77 NY2d 95, cert denied sub nom. Carter v New York, 499 US 967).

In the absence of substantial prejudice and in light of the court’s ruling that allowed counsel further cross-examination, the apparent late disclosure of Rosario material does not require a reversal (People v Martinez, 71 NY2d 937, 940), and the unobjected testimony by the officers concerning the description that was transmitted was not error (People v Candelario, 156 AD2d 191, lv denied 75 NY2d 964). Defendant’s remaining arguments are unpreserved or without merit. Concur—Wallach, J. P., Kupferman, Ross and Kassal, JJ.