PEOPLE v. FUENTES (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered February 28, 2006, convicting him of rape in the first degree and sodomy in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant moved for a mistrial on the ground that the People failed to disclose a certain document in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215.   However, even assuming that the document at issue constituted Brady material, the Supreme Court did not err in denying the defendant's motion.   While the People unquestionably have a duty to disclose exculpatory material in their control, a defendant's constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People's witnesses or as evidence during his case (see People v. Cortijo, 70 N.Y.2d 868, 870, 523 N.Y.S.2d 463, 517 N.E.2d 1349;  People v. Myron, 28 A.D.3d 681, 814 N.Y.S.2d 198, cert. denied 549 U.S. 1326, 127 S.Ct. 1919, 167 L.Ed.2d 572).

The defendant's remaining contentions are without merit.