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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE FUENTES, Appellant.

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 US 83). 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 NY2d 868, 870; People v Myron, 28 AD3d 681, cert denied 549 US ___, 127 S.Ct 1919).

The defendant's remaining contentions are without merit.

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PEOPLE v. FUENTES
(Feb 5, 2008)