Opinion
2002-01910.
Decided March 8, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered February 19, 2002, convicting him of criminal possession of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Joseph Huttler of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER.
ORDERED that the judgment is affirmed.
Contrary to the defendant's unpreserved contention, the Supreme Court's supplemental charge on circumstantial evidence did not deprive him of a fair trial. The supplemental charge conveyed a correct statement of the law ( see People v. Geraci, 85 N.Y.2d 359, 369, cert denied 531 U.S. 1018; People v. Ford, 66 N.Y.2d 428, 442; People v. Benzinger, 36 N.Y.2d 29, 32; People v. Jackson, 261 A.D.2d 636, 637). Moreover, the charge, read in its entirety, was fair, balanced, and not prejudicial to the defendant ( see People v. Mitchell, 129 A.D.2d 589, 590; cf. People v. Brabham, 77 A.D.2d 626).
The sentence imposed was not excessive, nor was it improperly based on crimes for which the defendant was acquitted ( see People v. Matthews, 1 A.D.3d 530; People v. Ferere, 294 A.D.2d 596, 597; People v. Suitte, 90 A.D.2d 80; cf. People v. Innis, 288 A.D.2d 236; People v. Santiago, 277 A.D.2d 258, 259).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.