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THE PEOPLE, ETC., respondent, v. RICKY TRAN, appellant.

DECISION ORDER

ORDERED that the judgment and the order are affirmed.

The defendant's contention that the People committed a Brady violation ( see Brady v. Maryland, 373 U.S. 83) by failing to provide certain police reports is without merit. The subject police reports did not constitute Brady material, as the defendant was aware of the facts set forth in the police reports ( see People v. Banks, 130 A.D.2d 498, 499). Further, the defendant failed to meet his burden of demonstrating that the police reports constituted newly-discovered evidence, as such evidence was merely cumulative and only served to bolster the testimony of the defendant at the trial ( see People v. Latella, 112 A.D.2d 321, 323).

The defendant's remaining contentions are unpreserved for appellate review ( see CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250, 250), and, in any event, are without merit.

FLORIO, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.

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PEOPLE v. TRAN
(Sep 15, 2003)