Opinion
July 14, 1995
Appeal from the Orleans County Court, Griffith, J.
Present — Green, J.P., Lawton, Wesley, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that County Court erred in failing to direct the People to disclose the name of the confidential informant. Although the testimony of the informant was material, defendant failed to establish any weakness in the People's case or that the issue of identification was a close one so as to entitle him to disclosure ( see, People v. Pena, 37 N.Y.2d 642; People v. Goggins, 34 N.Y.2d 163, cert denied 419 U.S. 1012). In any event, that contention is academic because immediately before trial defense counsel was provided with the name of the informant, who subsequently testified. Moreover, defendant was not deprived of a fair trial on the ground that the identity of the informant was not disclosed until immediately before trial. Upon receipt of the name of the informant, defense counsel sought dismissal of the indictment or, in the alternative, a continuance to prepare his defense. The court granted the request for a continuance. The trial proceeded the next day without further objection by defense counsel. Under those circumstances, the disclosure of the informant's identity immediately before trial does not require reversal ( see, People v. Gower, 45 A.D.2d 188, 189-191).
We have reviewed the remaining contentions of defendant and conclude that they are without merit.