People v. Rivera

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered January 6, 1999, convicting him of mur

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt of murder in the second degree based upon depraved indifference tó human life beyond a reasonable doubt (see, Penal Law § 125.25 [2]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

We reject the defendant’s contention that he is entitled to a new trial because the People failed to timely produce Brady material (see, Brady v Maryland, 373 US 83 ). The purported Brady evidence was not material to the issue of the defendant’s guilt (see, Brady v Maryland, supra; People v Scott, 88 NY2d 888 ; People v Campos, 281 AD2d 638 ). In any event, there is no reasonable probability that the result would have been different had the evidence been disclosed (see, People v Rodriguez, 281 AD2d 644 ).

The sentence imposed was not-excessive (see, People v Suitte, 90 AD2d 80 ). Santucci, J. P., McGinity, Luciano and Adams, JJ., concur.