People v Johnson, 2018 NY Slip Op 07328 [165 AD3d 1287]

October 31, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Isa Johnson, Appellant.

The Legal Aid Society, New York, NY (David Crow and Quinn Emanuel Urquhart & Sullivan, LLP [Deborah S. Sohn], of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, and Paul Hastings LLP [Gary F. Giampetruzzi and Inna Coleman], of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Alan Marrus, J.), rendered July 16, 2012, convicting him of manslaughter in the first degree and attempted assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the Supreme Court should have granted his motion for a mistrial based on the prosecution’s failure to timely disclose information pertaining to a pending criminal action against a prosecution witness ( see Brady v Maryland , 373 US 83 [1963]; People v Rosario , 9 NY2d 286 [1961]; CPL 240.45 [1] [c]). The defendant failed to demonstrate that he suffered any prejudice from the delay in disclosure ( see CPL 240.75; People v Sanchez , 144 AD3d 1179 , 1180 [2016]; People v King , 298 AD2d 530, 531 [2002]; People v Rodriguez , 269 AD2d 613 [2000]), and the information was provided to the defendant before cross-examination of the relevant witness ( see People v Sanchez , 144 AD3d at 1180; People v King , 298 AD2d at 531).

The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). The fact that a codefendant who pleaded guilty received a more lenient sentence does not warrant a reduction of the defendant’s sentence ( see People v Leduc , 140 AD3d 1305 , 1307 [2016]; People v Merchant , 171 AD2d 887, 888 [1991]). Rivera, J.P., Maltese, Barros and Christopher, JJ., concur..