Opinion
2000-02032.
Decided January 20, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered February 16, 2000, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Laura R. Johnson, New York, N.Y. (Adrienne Hale of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Michael Tarbutton of counsel), for respondent.
Before: STEPHEN G. CRANE and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly denied the defendant's request for a missing witness charge, since the record demonstrates that the witness in question was not knowledgeable about any material issue ( see People v. Welch, 307 A.D.2d 776, 777-778, lv denied 100 N.Y.2d 625).
The "Unusual Occurrence Report" and the "Homicide Analysis Report" did not constitute Brady material ( see Brady v. Maryland, 373 U.S. 83) since the information contained in the reports was not exculpatory. In any event, assuming that the reports constituted Brady material, the defendant was provided with them at a time when he had a meaningful opportunity to use them ( see People v. Cortijo, 70 N.Y.2d 868, 870; People v. Barnes, 200 A.D.2d 751, 752).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.