Opinion
99-08074
Submitted April 25, 2002
June 3, 2002
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered August 19, 1999, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Andrew J. Schatkin, Jericho, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Craig D. Pavlik of counsel), for respondent.
ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
The trial court providently exercised its discretion in denying the defendant's application to reopen the Wade hearing (see United States v. Wade, 388 U.S. 218) based upon the People's failure to timely disclose the Grand Jury testimony of the complainant regarding a lineup identification (see People v. Clark, 88 N.Y.2d 552; People v. Brown, 67 N.Y.2d 555, cert denied 479 U.S. 1093; CPL 710.40). We disagree with the defendant's contention that this testimony constituted Brady material (see Brady v. Maryland, 373 U.S. 83; People v. Chin, 67 N.Y.2d 22, 33). Even assuming that the testimony was Brady material, the failure to timely disclose does not warrant reversal since the testimony was disclosed during the jury voir dire, and the defendant had use of it for cross-examination purposes (see People v. Brown, supra; People v. Ahmed, 244 A.D.2d 415).
The defendant's remaining contention is without merit.
FLORIO, J.P., O'BRIEN, McGINITY and H. MILLER, JJ., concur.