PEOPLE v. SIMS

Judgment unanimously affirmed. Memorandum: There is no merit to defendant's argument that the court improperly denied defendant access to the medical and psychiatric records of the complaining witness. The response of the prosecutor to defendant's demand to produce records clearly shows that the prosecutor made the victim's "Medical records" available to defendant for inspection and copying. Insofar as defendant's argument may be construed to allege that the prosecutor withheld Brady material (see, Brady v. Maryland, 373 U.S. 83), it must fail. Defendant has not shown that there was any Brady material in existence and that the prosecutor withheld such material from him.

Defendant's arguments that the indictment insufficiently notified defendant concerning the time of the crimes charged and that the counts were duplicitous have not been preserved for appellate review inasmuch as defendant failed to move against the indictment (see, People v. Soto, 44 N.Y.2d 683; People v. Nicholas, 163 A.D.2d 844). Were we to decide those issues, we would determine that the indictment was sufficient (see, People v. Morris, 61 N.Y.2d 290, 295-296) and that the counts were not duplicitous (see, People v. Keindl, 68 N.Y.2d 410, 421, rearg denied 69 N.Y.2d 823).

Finally, we conclude that the verdict was supported by sufficient evidence and was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490).