Opinion
Argued November 8, 1999
December 6, 1999
Appeal by the defendant, by permission, from an order of the Supreme Court, Westchester County (Cowhey, J.), entered January 25, 1999, which denied, without a hearing, his motion pursuant toCPL article 440 to vacate a judgment of conviction rendered June 1, 1998.
Diarmuid White and Brendan White, New York, N.Y. and Gerald B. Lefcourt, New York, N.Y., for appellant (one brief filed).
Jeanine Pirro, District Attorney, White Plains, N.Y. (Valerie A. Livingston and Richard E. Weill of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, ANITA R. FLORIO, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed.
The Supreme Court properly denied the defendant's motion to vacate the judgment based on the prosecution's failure to provide certain reports of the Federal Bureau of Investigation not within its possession and control (see, People v. Marvin, 258 A.D.2d 964 ; People v. Leo, 249 A.D.2d 251 ; People v. Kronberg, 243 A.D.2d 132 ).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., JOY, FLORIO, and LUCIANO, JJ., concur.