People v. Ashby

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court erred in failing to direct the People to disclose the identity of the confidential informant. "Although the testimony of the informant was material, defendant failed to establish any weakness in the People’s case or that the issue of identification was a close one so as to entitle him to disclosure (see, People v Pena, 37 NY2d 642; People v Goggins, 34 NY2d 163, cert denied 419 US 1012)” (People v Ingram, 217 AD2d 986, 986-987). In any event, the contention is academic because defendant testified…