People v DiGuglielmo, 17 NY3d 771 (2011)

2011 NY Slip Op 05364 [17 NY3d 771]
June 23, 2011
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Richard D. DiGuglielmo, Appellant.

Argued May 31, 2011; decided June 23, 2011

People v DiGuglielmo, 75 AD3d 206, affirmed.

{**17 NY3d at 772} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Assuming that defendant made a specific request for the material alleged to be exculpatory, we find no reasonable possibility that any failure to disclose it contributed to the [*2]verdict (see People v Vilardi, 76 NY2d 67, 77 [1990]). Moreover, we reject defendant’s claim that the evidence supporting his conviction of depraved indifference murder is legally insufficient because of our decision in People v Feingold (7 NY3d 288 [2006]). The standard enunciated in Feingold simply does not apply retroactively to cases on collateral review (see Policano v Herbert, 7{**17 NY3d at 773} NY3d 588, 603-604 [2006]), and defendant’s claim that such a result violates the Federal Due Process Clause is without merit (Wainwright v Stone, 414 US 21, 23-24 [1973]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed in a memorandum.