PEOPLE v. SUMMERS (1997)

From our review of the record, we conclude that defendant's conviction of attempted murder in the second degree and attempted assault in the second degree is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   The contention of defendant that his conviction of criminal use of a firearm in the second degree should have been dismissed as “redundant” is not preserved for our review (see, People v. Rodriguez, 126 A.D.2d 681, 511 N.Y.S.2d 106, lv. denied 69 N.Y.2d 885, 515 N.Y.S.2d 1034, 507 N.E.2d 1104).   Likewise, the contentions of defendant that his conviction of criminal possession of a weapon in the fourth degree under counts 11 through 14 of the indictment is based on legally insufficient evidence are not preserved for our review (see, People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919;  People v. Sutherland, 219 A.D.2d 523, 525, 645 N.Y.S.2d 466, lv. denied 87 N.Y.2d 908, 641 N.Y.S.2d 238, 663 N.E.2d 1268, 88 N.Y.2d 886, 645 N.Y.S.2d 461, 668 N.E.2d 432).

We reject the contention of defendant that he was denied his right to cross-examination by County Court's refusal to provide him with the presentence reports of his four codefendants.   Those reports are confidential (see, CPL 390.50[1] ), and defendant failed to make a sufficient showing of need for the information in the reports to warrant their disclosure (see, Matter of Blanche v. People, 193 A.D.2d 991, 992, 598 N.Y.S.2d 102).

We have reviewed defendant's remaining contentions and conclude that they are without merit.

Judgment unanimously affirmed.

MEMORANDUM: