PEOPLE v. McBRIDE

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

The PEOPLE of the State of New York, Respondent, v. Judon McBRIDE, Defendant-Appellant.

Decided: October 15, 1998

MILONAS, J.P., ROSENBERGER, ELLERIN and RUBIN, JJ. Cristina A. Baiata, for Respondent. Pamela Peters, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Phyllis Skloot Bamberger, J.), rendered October 31, 1995, convicting defendant, after a jury trial, of manslaughter in the first degree, criminal use of a firearm in the first degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 8 1/313 to 25 years, 8 1/313 to 25 years, 5 to 15 years and 2 1/313 to 7 years, unanimously affirmed.

Defendant was not deprived of a fair trial by the People's belated disclosure of exculpatory material, since this material was disclosed while the witness in question was still on the stand, and defendant was given an extensive opportunity to meaningfully use the material during re-cross-examination (see, People v. Cortijo, 70 N.Y.2d 868, 523 N.Y.S.2d 463, 517 N.E.2d 1349).

MEMORANDUM DECISION.