Opinion
Argued January 16, 2001.
February 13, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered May 15, 1997, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Alex Sierck and Richard Joselson of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Lesley Brovner, and Emil Bricker of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
During deliberations, the jury asked for a readback of the court's charge "about the differences" between the three counts of homicide with which the defendant was charged. The court responded meaningfully to the jury's request (see, CPL 310.30; People v. Almodovar, 62 N.Y.2d 126; People v. Malloy, 55 N.Y.2d 296) by rereading the elements of those counts. Contrary to the defendant's contention, the court was not required to reread its intoxication instruction since the jury did not request a readback of that portion of the charge (see, People v. De Los Angeles, 270 A.D.2d 196; People v. Bey, 257 A.D.2d 547).
In any event, the defendant was not prejudiced by the absence of an instruction on intoxication in the supplemental charge (see, People v. Malloy, supra). Notwithstanding the defendant's testimony that he had consumed a bottle of whiskey, the witnesses who spoke to the defendant just after the homicide testified that they observed no signs of intoxication. The defendant's remaining contentions are unpreserved for appellate review, without merit, or do not require reversal.