Appeals (1) from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered December 17, 2003, upon a verdict convicting defendant of the crimes of rape in the third degree (three counts) and endangering the welfare of a child, and (2) by permission, from an order of said court, entered July 11, 2005, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.
By a seven-count indictment, defendant was charged with rape in the first degree (three counts), rape in the third degree (three counts) and endangering the welfare of a child. The charges stemmed from allegations by the victim, defendant’s stepdaughter, that on three occasions in November 2000, he entered her bedroom and forcibly compelled her to engage in sexual intercourse. The victim reported the incidents to police in July 2002 and, following an investigation, defendant was arrested.
At the conclusion of a jury trial, defendant was convicted of rape in the third degree (three counts) and endangering the welfare of a child. He was sentenced to an aggregate prison term of 6 to 12 years. County Court denied his subsequent CPL article 440 motion to vacate the judgment of conviction. Defendant appeals from the judgment of conviction and, by permission of this Court, from the order denying his motion to vacate, and We now affirm.
We similarly reject defendant’s assertion that the People’s failure to timely disclose certain Brady material constitutes reversible error. Specifically, defendant asserts that his due process rights were violated when the People failed to provide a page from a Planned Parenthood questionnaire completed by the victim, in which she admitted to prior drug and alcohol use. The People concede that the evidence constituted Brady material (see People v Monroe, 17 AD3d 863, 864. [2005]) and that, because a portion of the document was cut off during facsimile transmittal, defendant did not come into possession of a full copy of the questionnaire until after the People closed their proof. The record additionally reveals that while County Court denied defendant’s request for a mistrial, the court permitted him to recall the victim, cross-examine her based on the newly disclosed evidence and admit the missing page into evidence. Under the circumstances, reversal is not required here (see id. at 864; see also People v Swansbrough, 22 AD3d 877, 879 [20.05]; cf. People v Bond, 95 NY2d 840, 843 [2000]).
Also unpersuasive is defendant’s argument that County Court
Finally, inasmuch as “[v]ague and unsupported assertions are insufficient to warrant a hearing,” we conclude that County Court did not err in denying defendant’s CPL 440.10 motion without a hearing (People v Griffin, 24 AD3d 972, 974 [2005], lv denied 6 NY3d 834 [2006]). Defendant’s remaining contentions have been considered and are similarly lacking in merit.
Cardona, PJ., Peters, Spain and Kane, JJ., concur. Ordered that the judgment and order are affirmed.