PEOPLE v. STUART (1998)

Defendant appeals from a judgment convicting him of sexual abuse in the first degree (Penal Law § 130.65[3] ) and endangering the welfare of a child (Penal Law § 260.10[1] ).  We reject the contention of defendant that he was denied a fair trial by the failure of the People to produce the victim's medical records until the day of trial.   Any prejudice arising from the People's delay was cured when County Court granted defendant a reasonable continuance (see, People v. Cunningham, 189 A.D.2d 821, 592 N.Y.S.2d 447, lv. denied 81 N.Y.2d 1071, 601 N.Y.S.2d 591, 619 N.E.2d 669;  People v. Emery, 159 A.D.2d 992, 993, 552 N.Y.S.2d 746, lv. denied 76 N.Y.2d 787, 559 N.Y.S.2d 992, 559 N.E.2d 686).   The proof of guilt is legally sufficient to establish defendant's guilt beyond a reasonable doubt, and the verdict is not contrary to 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).   Furthermore, defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

Judgment unanimously affirmed.

MEMORANDUM: