PEOPLE v. SAJOUS (1999)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Jon Christian SAJOUS, Appellant.

Decided: December 21, 1999

PRESENT: DiPAOLA, P.J., INGRASSIA and LEVITT, JJ.

Legal Aid Society of Nassau County, Hempstead (Matthew Muraskin, Kent V. Moston and Jeremy L. Goldberg of counsel), for appellant. Denis E. Dillon, District Attorney of Nassau County, Mineola (Peter A. Weinstein and Edward Miller of counsel), for respondent.

Judgment of conviction unanimously affirmed.

Although the prosecutor's witness had a criminal background, this alone would not render his testimony incredible as a matter of law. Moreover, whatever misgivings might attend a conviction based solely on his testimony are laid to rest by the tape recordings which were introduced into evidence and amply corroborate that testimony.

We also find that any alleged delay in turning over Brady material did not prejudice the defendant in any manner whatsoever and that the affirmative defense of renunciation was not established (Penal Law §§ 40.10; 25.00 [2]; People v. Ozarowski, 38 N.Y.2d 481, 381 N.Y.S.2d 438, 344 N.E.2d 370).

MEMORANDUM.

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