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269 A.D.2d 613
N.Y. App. Div.
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.

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 NY2d 286), did not amount to a total failure to disclose the material (see, People v Ranghelle, 69 NY2d 56; People v Perez, 65 NY2d 154). Since the defendant failed to demonstrate substantial prejudice from the delay, reversal of the conviction is not warranted (see, People v Banch, 80 NY2d 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 AD2d 676; People v Waddy, 240 AD2d 521).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.

Case Details

Case Name: People v. Rodriguez
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 28, 2000
Citations: 269 A.D.2d 613; 704 N.Y.S.2d 822; 2000 N.Y. App. Div. LEXIS 2306
Court Abbreviation: N.Y. App. Div.
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