People v Ozzie Bryant

People v Bryant 2003 NY Slip Op 20024 [2 AD3d 873] December 29, 2003 Appellate Division, Second Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

The People of the State of New York, Respondent,
v
Ozzie Bryant, Appellant.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 26, 2002, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

No sanction was imposed on the prosecution for its failure to preserve the recording of a police radio transmission that contained a description of the robber. Under the facts of this case, there is no reasonable possibility that the nondisclosure "materially contributed to the result of the trial" (CPL 240.75; see People v Johnson, 301 AD2d 462, 463 [2003]; People v Sorbello, 285 AD2d 88 [2001]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Santucci, J.P., Krausman, Schmidt and Rivera, JJ., concur.