Opinion
Argued April 27, 2000.
June 5, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered July 29, 1997, convicting him of murder in the second degree, attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Susan Epstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.
Before: THOMAS R. SULLIVAN, J.P., LEO F. McGINITY, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly sanctioned the People for their delay in producing the Grand Jury testimony of three witnesses by giving the defendant the opportunity to recall those witnesses for further cross-examination (see, People v. Bobadilla, 254 A.D.2d 493; People v. Atkinson, 249 A.D.2d 317; People v. Leon, 186 A.D.2d 587, 588; People v. Best, 186 A.D.2d 141, 141-142). Dismissal was not warranted since the existence of the Rosario material was revealed before the People rested, and therefore the delay did not substantially prejudice the defendant (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Bobadilla, supra; People v. Atkinson, supra; People v. Leon, supra; People v. Best, supra).
The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).