Opinion
Submitted February 16, 2001.
March 12, 2001.
Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered December 7, 1999, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.
Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that judgment is affirmed.
The defendant was not substantially prejudiced by the late disclosure of Rosario material (see, People v. Banch, 80 N.Y.2d 610, 617; People v. Martinez, 71 N.Y.2d 937, 940; People v. Rosario, 9 N.Y.2d 286). The court precluded the People from using this material in examining their witnesses, and the defendant was able to exploit the delayed disclosure (see, People v. Benito, 256 A.D.2d 221; People v. Jones, 200 A.D.2d 451).
The defendant's remaining contention is without merit (see, People v. Barclift, 228 A.D.2d 194).