Opinion
December 29, 1993
Appeal from the Monroe County Court, Marks, J.
Present — Denman, P.J., Pine, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that he was denied a fair trial by prosecutorial misconduct. Although the prosecutor should have disclosed, prior to his opening statement, a prosecution witness' conviction for promoting prison contraband (CPL 240.45 [b]), defense counsel was made aware of the conviction and used it for impeachment purposes on cross-examination of the witness (see, People v Torres, 103 A.D.2d 972). We find no bad faith in the prosecutor's failing to inform defense counsel that the same prosecution witness had denied two convictions listed on her NYSIIS report. Defendant further contends that the efficacy of defense counsel's cross-examination of that witness was diminished. There is no showing, however, that defendant thereby was deprived of a fair trial (see, People v Curley, 159 A.D.2d 969, 970, lv denied 76 N.Y.2d 733).