People v. DiSimone

Appellate Division of the Supreme Court of New York

People v. DiSimone

298 A.D.2d 399, 751 N.Y.S.2d 403, 2002 N.Y. App. Div. LEXIS 9452

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 2002

StatusPublished

Cited by4 cases

This text of 298 A.D.2d 399 (People v. DiSimone) 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. DiSimone, 298 A.D.2d 399, 751 N.Y.S.2d 403, 2002 N.Y. App. Div. LEXIS 9452 (N.Y. Ct. App. 2002).

Pincite

Opinion

Appeal by the [400]*400defendant from a judgment of the Supreme Court, Westchester County (Cowhey, J.), rendered January 26, 2001, convicting him of murder in the second degree and tampering with physical evidence (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, reversal is not required based on a Brady violation (see Brady v Maryland, 373 US 83). At a minimum, the information was disclosed to the defendant in time to give him a meaningful opportunity to use it (see People v Cortijo, 70 NY2d 868, 870; People v Ahmed, 244 AD2d 415).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86).

The defendant’s remaining contentions are without merit or do not require reversal. Ritter, J.P., Santucci, Goldstein and Mastro, JJ., concur.

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