Argued May 31, 2011; decided June 23, 2011

People v DiGuglielmo, 75 AD3d 206, affirmed.

APPEARANCES OF COUNSEL

Mayer Brown LLP, New York City (Andrew H. Schapiro, Scott A. Chesin, Allison M. Stowell and Ames C. Grawert of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains (Raffaelina Gianfrancesco, Richard Longworth Hecht and Maryanne Luciano of counsel), for respondent.

Memorandum.

The order of the Appellate Division should be affirmed.

Assuming that defendant made a specific request for the material alleged to be exculpatory, we find no reasonable possibility that any failure to disclose it contributed to the [*2]verdict (see People v Vilardi, 76 NY2d 67, 77 [1990]). Moreover, we reject defendant's claim that the evidence supporting his conviction of depraved indifference murder is legally insufficient because of our decision in People v Feingold (7 NY3d 288 [2006]). The standard enunciated in Feingold simply does not apply retroactively to cases on collateral review (see Policano v Herbert, 7{**17 NY3d at 773} NY3d 588, 603-604 [2006]), and defendant's claim that such a result violates the Federal Due Process Clause is without merit (Wainwright v Stone, 414 US 21, 23-24 [1973]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed in a memorandum.