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THE PEOPLE, ETC., respondent, v. ANTHONY DiSIMONE, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contentions, reversal is not required based on a Brady violation (see Brady v. Maryland, 373 U.S. 83). At a minimum, the information was disclosed to the defendant in time to give him a meaningful opportunity to use it (see People v. Cortijo, 70 N.Y.2d 868, 870; People v. Ahmed, 244 A.D.2d 415).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85-86).

The defendant's remaining contentions are without merit or do not require reversal.

RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.

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PEOPLE v. DiSIMONE
(Oct 7, 2002)