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THE PEOPLE, etc., respondent, v. MIGUEL RODRIGUEZ, appellant. (Ind. No. 3100/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the late disclosure to the defense counsel of certain material pursuant to People v. Rosario ( 9 N.Y.2d 286 ), did not amount to a total failure to disclose the material (see, People v. Ranghelle, 69 N.Y.2d 56 ; People v. Perez, 65 N.Y.2d 154 ). Since the defendant failed to demonstrate substantial prejudice from the delay, reversal of the conviction is not warranted (see, People v. Banch, 80 N.Y.2d 610 ; People v. Ranghelle, supra).

The defendant's contention that his sentence was illegal is academic in light of the defendant's completion of his sentence (see, People v. Young, 253 A.D.2d 676 ; People v. Waddy, 240 A.D.2d 521 ).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit.

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PEOPLE v. RODRIGUEZ
(Feb 28, 2000)