Opinion
02-22-2017
The PEOPLE, etc., respondent, v. Amri PATTERSON, appellant.
Lynn W.L. Fahey, New York, NY (Patricia Pazner of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Patricia Pazner of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered May 7, 2013, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court did not improvidently exercise its discretion in permitting the People to present the testimony of a witness who was not on their witness list (see People v. Plume, 306 A.D.2d 916, 917, 762 N.Y.S.2d 313 ; People v. Shabazz, 246 A.D.2d 831, 832, 667 N.Y.S.2d 988 ; People v. Williams, 243 A.D.2d 833, 837, 664 N.Y.S.2d 835 ). Contrary to the defendant's contention, there was no evidence of deceit or trickery on the part of the People, or any substantial prejudice to him (see People v. Tayo, 133 A.D.3d 499, 500, 18 N.Y.S.3d 625 ; People v. Pedraza, 25 A.D.3d 394, 394–395, 808 N.Y.S.2d 58 ; cf. People v. Bennett, 40 A.D.3d 653, 655, 837 N.Y.S.2d 655 ).The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.