Opinion
2000-01252 and 2001-00510
September 12, 2002.
December 23, 2002.
Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Feldman, J.), rendered January 31, 2000, convicting him of criminal possession of a weapon in the second degree under Indictment No. 1003/99, upon an jury verdict, and imposing sentence, and (2) an amended judgment of the same court, also rendered January 31, 2000, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his prior conviction, as a youthful offender, of robbery in the first degree under Indictment No. 1128/94.
Andrew C. Fine, New York, N.Y. (Kerry Elgarten and Nixon Peabody, LLP [Rafael A. Declet, Jr.] of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment and the amended judgment are affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of criminal possession of a weapon in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
Contrary to the defendant's contention, the prosecution's failure to turn over a certain "911" tape to the defense did not constitute either a Brady or a Rosario violation (see Brady v. Maryland, 373 U.S. 83; People v. Rodriquez, 223 A.D.2d 605; People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 886; People v. Thomas, 255 A.D.2d 467).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
ALTMAN, J.P., FLORIO, O'BRIEN and H. MILLER, JJ., concur.