Opinion
December 31, 1998
Appeal front Judgment of Onondaga County Court, Mulroy, J. — Murder, 2nd Degree.
Judgment unanimously affirmed. Memorandum: The verdict convicting defendant of murder in the second degree (Penal Law § 125.25) is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Because there is no reasonable view of the evidence that defendant did not intend to cause death, County Court properly denied defendant's request to charge manslaughter in the first degree (Penal Law § 125.20) and manslaughter in the second degree (Penal Law § 125.15) as lesser included offenses (see, People v. Glover, 57 N.Y.2d 61, 63; People v. Pinella, 244 A.D.2d 435, lv denied 91 N.Y.2d 944; People v. Cruz, 233 A.D.2d 102, affd on other grounds 90 N.Y.2d 961; see also, People v. Dellemand, 205 A.D.2d 551, lv denied 83 N.Y.2d 1003). Defendant's admissions tend to connect defendant to the commission of the crime and thus corroborate the testimony of the accomplice (see, CPL 60.22; People v. Burgin, 40 N.Y.2d 953).
We also reject the contention of defendant that he was denied a fair trial by the prosecutor's failure to disclose Brady material prior to trial. Defendant had a meaningful opportunity to use that material at trial (see, People v. Cortijo, 70 N.Y.2d 868, 870), and there is no reasonable possibility that the failure to disclose it earlier contributed to the verdict (see, People v. Vilardi, 76 N.Y.2d 67, 77).
Present — Green, J. P., Pine, Wisner, Balio and Boehm, JJ.