Opinion
April 21, 1997
Appeal by the defendant from a judgment of the County Court, Nassau County (Wexner, J.), rendered October 16, 1995, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the two bullets in plain view on the top of a dresser in his bedroom were properly seized upon his consent and the written consent of his uncle who had control of the apartment at that time (see, People v. Cosme, 48 N.Y.2d 286; People v. Kelley, 220 A.D.2d 456).
Also unavailing is the defendant's contention that the People committed a Brady violation by failing to disclose the complaining witness's continued use of drugs. There was no evidence that the People had that information, and, in any event, there is no reasonable possibility that its disclosure would have altered the outcome of the trial (see, People v. Vilardi, 76 N.Y.2d 67).
The defendant's claim regarding the prosecutor's summation remarks are either unpreserved for appellate review or without merit. In any event, the comments made by the prosecutor either constituted proper responses to the defense counsel's summation, were fair comment on the evidence, or did not prejudice the defendant (see, People v. Ashwal, 39 N.Y.2d 105; People v. Blow, 172 A.D.2d 366).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). The defendant's remaining contentions are either unpreserved for appellate review or without merit. O'Brien, J.P., Altman, Friedmann and Krausman, JJ., concur.