Opinion
2012–07120 Ind.No. 5121/10
10-31-2018
The PEOPLE, etc., Respondent, v. Isa JOHNSON, Appellant.
The Legal Aid Society, New York, N.Y. (David Crow and Quinn Emanuel Urquhart & Sullivan, LLP [Deborah S. Sohn ], of counsel), for appellant.
The Legal Aid Society, New York, N.Y. (David Crow and Quinn Emanuel Urquhart & Sullivan, LLP [Deborah S. Sohn ], of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Paul Hastings LLP [Gary F. Giampetruzzi and Inna Coleman ], of counsel), for respondent.
REINALDO E. RIVERA, J.P. JOSEPH J. MALTESE BETSY BARROS LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Alan Marrus, J.), rendered July 16, 2012, convicting him of manslaughter in the first degree and attempted assault in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that the Supreme Court should have granted his motion for a mistrial based on the prosecution's failure to timely disclose information pertaining to a pending criminal action against a prosecution witness (see Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 ; People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448, 173 N.E.2d 881 ; CPL 240.45[1][c] ). The defendant failed to demonstrate that he suffered any prejudice from the delay in disclosure (see CPL 240.75 ; People v. Sanchez, 144 A.D.3d 1179, 1180, 43 N.Y.S.3d 80 ; People v. King, 298 A.D.2d 530, 531, 748 N.Y.S.2d 665 ; People v. Rodriguez, 269 A.D.2d 613, 704 N.Y.S.2d 822 ), and the information was provided to the defendant before cross-examination of the relevant witness (see People v. Sanchez, 144 A.D.3d at 1180, 43 N.Y.S.3d 80 ; People v. King, 298 A.D.2d at 531, 748 N.Y.S.2d 665 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). The fact that a codefendant who pleaded guilty received a more lenient sentence does not warrant a reduction of the defendant's sentence (see People v. Leduc, 140 A.D.3d 1305, 1307, 34 N.Y.S.3d 208 ; People v. Merchant, 171 A.D.2d 887, 888, 567 N.Y.S.2d 812 ).
RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.