Opinion
Argued September 7, 1999
November 15, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered March 7, 1995, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
John M. Apicella, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Florence M. Sullivan, and Karen Marcus of counsel), for respondent.
SONDRA MILLER, J.P., CORNELIUS J. O'BRIEN, DAVID S. RITTER, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his argument that he did not timely receive certain alleged Rosario material ( see, People v. Rosario, 9 N.Y.2d 286) and that, therefore, he is entitled to a new trial ( see, People v. Graves, 85 N.Y.2d 1024; People v. Rogelio, 79 N.Y.2d 843; People v. Batista, 233 A.D.2d 195). In any event, he received the alleged Rosario material in sufficient time to make meaningful use of it, and was not substantially prejudiced by the delay ( see, People v. Banch, 80 N.Y.2d 610; People v. Ranghelle, 69 N.Y.2d 56; People v. Perez, 65 N.Y.2d 154).
The defendant's remaining contentions are without merit.
S. MILLER, J.P., O'BRIEN, RITTER, and FLORIO, JJ., concur.