Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Amri Patterson, Appellant
147 A.D.3d 108446 N.Y.S.3d 915·New York Supreme Court, Appellate Division·2017·NY
Rivera, J.P., Roman, Duffy and Brathwaite Nelson, JJ., concur.
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Opinion
The People of the State of New York, Respondent, v Amri Patterson, Appellant.
[46 NYS3d 915]
[MAJORITY]
Appeal by the defendant 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.