Opinion
March 8, 1991
Appeal from the Supreme Court, Erie County, Kasler, J.
Present — Callahan, J.P., Doerr, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of attempted murder in the second degree for stabbing the boyfriend of a woman who resided in the upstairs apartment of a building in which defendant also was a tenant. The court did not err in failing to order a medical examination of defendant prior to imposing sentence. Neither defendant nor defense counsel ever raised the issue of defendant's health, nor did they controvert the assertion in the presentence report that defendant was in good health (see, CPL 390.30; People v Smith, 146 A.D.2d 828, lv denied 74 N.Y.2d 669). Defendant did not suffer prejudice from the prosecutor's good faith delay in turning over Rosario material (see, People v Ranghelle, 69 N.Y.2d 56; People v Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866, rearg denied 14 N.Y.2d 876, 15 N.Y.2d 765). Defendant's statements were properly admitted in evidence because they were voluntary and not the product of custodial interrogation. On this record, defendant received effective assistance of counsel and his sentence was not excessive. Defendant failed to preserve for review his contentions addressed to the court's charge on justification and, given the overwhelming evidence of defendant's guilt, we decline to reach the issue in the interest of justice (see, People v Comfort, 113 A.D.2d 420, 426, lv denied 67 N.Y.2d 760; People v Swinson, 111 A.D.2d 275, 276, lv denied 66 N.Y.2d 922). We have reviewed defendant's remaining contentions in his supplemental pro se brief and find that each one lacks merit.