Opinion
Submitted January 18, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered March 17, 1997, convicting him of criminal possession of a controlled substance in the seventh degree and resisting arrest, upon a jury verdict, and imposing sentence.
Mark Diamond, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Ann Bordley, and Morgan J. Dennehy of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the late disclosure to the defense counsel of certain material pursuant to People v. Rosario ( 9 N.Y.2d 286 ), did not amount to a total failure to disclose the material (see, People v. Ranghelle, 69 N.Y.2d 56 ; People v. Perez, 65 N.Y.2d 154 ). Since the defendant failed to demonstrate substantial prejudice from the delay, reversal of the conviction is not warranted (see, People v. Banch, 80 N.Y.2d 610 ; People v. Ranghelle, supra).
The defendant's contention that his sentence was illegal is academic in light of the defendant's completion of his sentence (see, People v. Young, 253 A.D.2d 676 ; People v. Waddy, 240 A.D.2d 521 ).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit.