Opinion
December 1, 1997
Appeal from the Supreme Court, Queens County (Robinson, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant's acts established that he was acting in concert with the shooter (see, e.g., People v. Rossey, 89 N.Y.2d 970, 972; People v. Whatley, 69 N.Y.2d 784; see also, People v. Amador, 227 A.D.2d 186, 187). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
Under the circumstances of this case, the People's delay in disclosing Brady material does not warrant reversal ( see, Brady v. State of Maryland, 373 U.S. 83). "[A] defendant's constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material * * * as evidence during his case" ( People v. Cortijo, 70 N.Y.2d 868, 870; see, People v. Jagopat, 216 A.D.2d 583; People v. White, 178 A.D.2d 674, 675; People v. Bolling, 157 A.D.2d 733).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those in his supplemental pro se brief, are either unpreserved for appellate review or without merit.
Altman, J. P., Friedmann, Krausman and McGinity, JJ., concur.