People v Brims |
2005 NY Slip Op 04601 [19 AD3d 433] |
June 6, 2005 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Jerry Lee Brims, Jr., Appellant. |
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Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered September 27, 2000, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
It is axiomatic that a prosecutor is under a duty to turn over, upon the request of the defense counsel, evidence favorable to the accused, where the evidence is material either to guilt or punishment (see Brady v Maryland, 373 US 83 [1963]). Here, the contested evidence was nothing more than an innocuous statement that a police officer overheard, devoid of context. Assuming that the evidence was exculpatory material, a defendant's constitutional right to a fair trial is not violated when, as here, he or she is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People's witnesses, or as evidence during his or her case (see People v Cortijo, 70 NY2d 868, 870 [1987]; People v Brown, 67 NY2d 555, 559 [1986], cert denied 479 US 1093 [1987]). Accordingly, in this case there was no Brady violation.
The County Court properly exercised its discretion in admitting a firearm into evidence for demonstrative purposes. The weapon the prosecution offered was significantly similar in appearance and type to the weapon multiple witnesses alleged that the defendant used during the [*2]subject incident (see People v Langley, 232 AD2d 427 [1996]; People v Pike, 131 AD2d 890, 891 [1987]).
The defendant's remaining contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Nuccie, 57 NY2d 818, 819 [1982]; People v Griffin, 246 AD2d 668 [1998]; People v Poindexter, 138 AD2d 418, 419 [1988]). H. Miller, J.P., Rivera, Spolzino and Skelos, JJ., concur.