Opinion
2002-04428.
December 22, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered May 15, 2002, convicting him of aggravated harassment in the second degree, upon a jury verdict, and imposing sentence.
Laura R. Johnson, New York, N.Y. (Deepa Rajan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.
Before: GLORIA GOLDSTEIN and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has largely failed to preserve for appellate review his contention that he was prejudiced by the late disclosure of certain Rosario material ( see CPL 470.05; People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Robertson, 275 A.D.2d 380). In any event, reversal is not warranted since the defendant failed to demonstrate that he suffered any prejudice from the delay in disclosure ( see CPL 240.75; People v. King, 298 A.D.2d 530, 531; People v. Page, 296 A.D.2d 427, 427-428; People v. Small, 286 A.D.2d 513; People v. Sorbello, 285 A.D.2d 88, 92-93). The material was discovered prior to cross-examination of the relevant witness ( see People v. Page, supra; People v. King, supra at 531).
ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.