People v. Mitchell

• Decision Date: 21 April 1997
• Citation: 657 N.Y.S.2d 933,238 A.D.2d 527
• Parties: The PEOPLE, etc., Respondent, v. Sidney MITCHELL, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 933

657 N.Y.S.2d 933

238 A.D.2d 527

The PEOPLE, etc., Respondent, v. Sidney MITCHELL, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

April 21, 1997.

Arza Rayches Feldman, Hauppauge, for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Gary Fidel, and Ira E. Dorfman, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered August 17, 1994, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Buchter, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.

ORDERED that the judgment is affirmed.

The defendant is not entitled to a de novo Wade hearing based on the People's failure to turn over alleged Rosario material prior to the hearing. The report in question was not relevant to the testimony of the arresting officer at the Wade hearing and therefore did not constitute Rosario material (see, People v. Bryant, 209 A.D.2d 630, 619 N.Y.S.2d 127).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit.

O'BRIEN, J.P., and ALTMAN, FRIEDMANN and KRAUSMAN, JJ., concur.