Opinion
Submitted February 20, 2001.
March 12, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered May 22, 1997, convicting him of murder in the second degree, attempted murder in the second degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Joseph V. DiBlasi, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Lynne Kurtz-Citrin of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, ACTING P.J., DAVID S. RITTER, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant was not improperly denied Brady material (see, Brady v. Maryland, 373 U.S. 83; People v. Vilardi, 76 N.Y.2d 67; People v. Rushin, 172 A.D.2d 571). Moreover, the Supreme Court properly allowed rebuttal testimony (see, People v. Harris, 57 N.Y.2d 335).
The defendant's sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).