Opinion
1999-06107
Submitted May 14, 2002.
June 25, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered June 21, 1999, convicting him of robbery in the first degree, robbery in the second degree, burglary in the first degree, and burglary in the second degree, upon a jury verdict, and imposing sentence.
Andrew E. MacAskill, Farmingdale, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Margaret E. Mainusch of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The County Court properly sought clarification before it responded to a note in which the jury requested readbacks of certain testimony (see People v. Malloy, 55 N.Y.2d 296, 302, cert denied 459 U.S. 847). The County Court also clearly conveyed its willingness to abide by the requests of the jury (see People v. Gadson, 161 A.D.2d 795, 796).
Contrary to the defendant's contentions, given the specific nature of both the supplemental request and response, together with the fact that the jury did not request further instruction, the County Court's response was meaningful. Thus, reversal is not warranted (see CPL 310.30; People v. Lourido, 70 N.Y.2d 428, 435; People v. Malloy, supra; People v. Chase, 225 A.D.2d 789, 790).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., ALTMAN, H. MILLER and COZIER, JJ., concur.