Opinion
Submitted September 18, 2000
October 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered November 23, 1998, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Linda Breen, and Joseph Huttler of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not err in accepting a partial verdict (see, People v. Mendez, 221 A.D.2d 162; People v. Andino, 210 A.D.2d 28). "Neither CPL 310.70 nor any other provision of law precludes a trial court's inquiry into whether the jury, after a substantial period of deliberation, has agreed upon a verdict" as to any of the defendants or any of the counts submitted, and in then accepting a partial verdict (People v. Mendez, supra, at 162, 163; see, People v. Bordas, 226 A.D.2d 261).