People v. Patterson — 147 A.D.3d 1084

Majority

p. 1084

The People of the State of New York, Respondent, v Amri Patterson, Appellant.

[46 NYS3d 915]

Appeal by the de

p. 1085

fendant from a judgment of the Supreme Court, Kangs County (Firetog, J.), rendered May 7, 2013, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court did not improvidently exercise its discretion in permitting the People to present the testimony of a witness who was not on their witness list (see People v Plume, 306 AD2d 916 , 917 [2003]; People v Shabazz, 246 AD2d 831 , 832 [1998]; People v Williams, 243 AD2d 833 , 837 [1997]). Contrary to the defendant’s contention, there was no evidence of deceit or trickery on the part of the People, or any substantial prejudice to him (see People v Tayo, 133 AD3d 499 , 500 [2015]; People v Pedraza, 25 AD3d 394 , 394-395 [2006]; cf. People v Bennett, 40 AD3d 653 , 655 [2007]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Rivera, J.P., Roman, Duffy and Brathwaite Nelson, JJ., concur.

Cases cited

People v. Shabazz 246 AD2d 831 N.Y. App. Div. 1998-01-22 at 832 p. 1085
People v. Williams 243 AD2d 833 N.Y. App. Div. 1997-10-16 at 837 p. 1085
People v. Tayo 133 AD3d 499 N.Y. App. Div. 2015-11-17 at 500 p. 1085
People v. Pedraza 25 AD3d 394 N.Y. App. Div. 2006-01-12 at 394-395 p. 1085
People v. Bennett 40 AD3d 653 N.Y. App. Div. 2007-05-01 at 655 p. 1085
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 1085