PEOPLE v. HINDS (1999)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Monty HINDS, appellant.

Decided: May 03, 1999

FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER and SANDRA J. FEUERSTEIN, JJ.

Ethel P. Ross, Rye, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Ann Bordley, and Morgan J. Dennehy of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Minardo, J.), rendered March 25, 1997, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the appellant's contention, the People did not violate the requirements set forth under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215. Even if, as the defendant contends, a follow-up police report was exculpatory material, the People turned over the report to the defense prior to jury selection (see, People v. White, 178 A.D.2d 674, 578 N.Y.S.2d 227).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.

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