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People v. Candelaria

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 628 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment is affirmed.

The defendant argues that his conviction must be reversed due to the People's delay in providing him with Brady material concerning a witness who identified him at trial (see, Brady v. Maryland, 373 U.S. 83; People v. Cwikla, 46 N.Y.2d 434). However, because the defense counsel had a "meaningful opportunity" to use the allegedly exculpatory material to cross-examine the witness, the defendant's right to a fair trial was not violated (People v. Cortijo, 70 N.Y.2d 868; see, People v. Arroyo, 239 A.D.2d 510; People v. Jagopat, 216 A.D.2d 583).

The sentence imposed was not excessive (see, People Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.


Summaries of

People v. Candelaria

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 628 (N.Y. App. Div. 1998)
Case details for

People v. Candelaria

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CANDELARIA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1998

Citations

248 A.D.2d 628 (N.Y. App. Div. 1998)
669 N.Y.S.2d 936