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People v. Cintron

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 24, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KEITH CINTRON, DEFENDANT-APPELLANT.

Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered November 20, 2003. The judgment convicted defendant, upon a jury verdict, of criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance in the third degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., MARTOCHE, FAHEY, CARNI, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum

Defendant appeals from a judgment convicting him following a jury trial of, inter alia, criminal sale of a controlled substance in the first degree (Penal Law § 220.43 [1]).

We reject the contention of defendant that he was denied a fair trial by the People's failure to turn over Rosario material in a timely manner. The People are not required to produce records that are not in their possession and that " neither [the People] nor the courts of this State could gain access to without the consent of the appropriate Federal agency' " (People v Frazier, 233 AD2d 896, 898).

Defendant made only a general motion for a trial order of dismissal and thus failed to preserve for our review his further contention that the conviction is not supported by legally sufficient evidence (see People v Gray, 86 NY2d 10, 19). In any event, that contention lacks merit (see generally People v Bleakley, 69 NY2d 490, 495).

20090424

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