Opinion
2012-02-14
The PEOPLE, etc., respondent, v. Ermelio Jose GUEVARA, appellant.
Joseph A. Hanshe, Sayville, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Barbara Kornblau of counsel), for respondent.
Joseph A. Hanshe, Sayville, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Barbara Kornblau of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered March 18, 2008, convicting him of rape in the first degree (two counts), incest in the first degree (two counts), and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.
*459 ORDERED that the judgment is affirmed.
The defendant contends that he was deprived of due process because he was not provided with access to audio recordings of conversations he had with his wife while incarcerated. We disagree. Since the prosecution was not obligated to provide the defendant with the audio recordings ( see People v. Muller, 72 A.D.3d 1329, 899 N.Y.S.2d 425), the prosecution's failure to provide the defendant with access to the recordings, or access to a copy of the recordings that was not “encrypted and password protected,” did not deprive him of due process or the right to a fair trial.
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contention is without merit.