Opinion
July 9, 1982
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Hancock, Jr., J.P., Denman, Boomer and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: Defendants have been convicted of conspiracy and the murder of four individuals. The charges arose from the contract killing of a prospective witness in a drug case involving defendant Clark. Of the several claims raised by defendants on appeal, only one merits discussion. We reject defendants' contention that the late disclosure of exculpatory material deprived them of a fair trial in violation of Brady v. Maryland ( 373 U.S. 83). Brady does not direct disclosure at any particular stage of the proceedings ( United States v. Kaplan, 554 F.2d 577). The issue is whether the evidence was disclosed in time for the defense to utilize it effectively (see People v. Simmons, 36 N.Y.2d 126; People v. Mackey, 52 A.D.2d 662; United States v. Menghi, 641 F.2d 72). All of the evidence in question was disclosed prior to the close of the People's direct case. The defense had sufficient time to utilize the material and there was no indication that earlier disclosure would have substantially affected the nature of the evidence or altered defendants' trial strategy (see People v. Mosher, 81 A.D.2d 684; United States v. Menghi, 641 F.2d 72, supra; United States v. Kaplan, 554 F.2d 577; cf. Grant v. Alldredge, 498 F.2d 376). In addition, we note that defendants failed to request a mistrial or an adjournment on this basis (see People v Charleston, 56 N.Y.2d 886; United States v. Menghi, 641 F.2d 72, supra; United States v. Kaplan, 554 F.2d 577, supra). We have reviewed the other claims raised by defendants and find them to be without merit.