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PEOPLE v. McDOWELL

Appellate Division of the Supreme Court of New York, Second Department.
Sep 27, 1999
DECISION ORDER

ORDERED that the judgment is affirmed.

There is no merit to the defendant's contention that he is entitled to a new trial because the People failed to provide him with notice, pursuant to Penal Law ยง 450.10, that the complainant's stolen telephone calling card, recovered from the defendant upon his arrest, was returned to the complainant prior to trial. Absent prejudice or a showing that the statutory violation was intentional or in bad faith, reversal is not warranted ( see, People v. Watkins, 239 A.D.2d 448; People v. Siriani, 216 A.D.2d 595; People v. Dent, 183 A.D.2d 723).

The defendant's remaining contentions are without merit.

S. MILLER, J.P., O'BRIEN, FRIEDMANN, and FLORIO, JJ., concur.