Opinion
2002-08682.
Decided March 1, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered September 9, 2002, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Russell C. Morea, Kew Gardens, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, DANIEL F. LUCIANO and THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the People failed to timely turn over an audiotape of a pertinent 911 telephone call pursuant to Brady v. Maryland ( 373 U.S. 83) is unpreserved for appellate review ( see CPL 470.05). In any event, since the defendant knew of the evidence and its exculpatory nature well in advance of trial ( see People v. Doshi, 93 N.Y.2d 499), it was not Brady material ( see People v. Rodriguez, 223 A.D.2d 605, 606; People v. Banks, 130 A.D.2d 498, 499).
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).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.