Opinion
04-12-2017
The PEOPLE, etc., respondent, v. Iquan WIGGS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Elizabeth Budnitz of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Deborah E. Wassel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Elizabeth Budnitz of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Deborah E. Wassel of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered August 6, 2013, convicting him of robbery in the second degree and menacing in the third degree, upon a jury verdict, and imposing sentence. By decision and order dated July 1, 2015, this Court reversed the judgment, on the law, and ordered a new trial (see People v. Wiggs, 130 A.D.3d 659, 14 N.Y.S.3d 53 ). On October 20, 2016, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of the facts and issues raised but not determined on the appeal to this Court (see People v. Wiggs, 28 N.Y.3d 987, 41 N.Y.S.3d 188, 63 N.E.3d 1132 ). Justice Leventhal has been substituted for former Justice Skelos (see 22 NYCRR 670.1 [c] ).
ORDERED that, upon remittitur from the Court of Appeals, the judgment is affirmed.
The defendant's contention that the Supreme Court's handling of certain jury notes violated the procedure set forth by the Court of Appeals in People v. O'Rama, 78 N.Y.2d 270, 277–278, 574 N.Y.S.2d 159, 579 N.E.2d 189 is unpreserved for appellate review (see People v. Morris, 27 N.Y.3d 1096, 1098, 36 N.Y.S.3d 52, 55 N.E.3d 1025 ). Under the circumstances, we decline to reach this contention in the exercise of our interest of justice jurisdiction (see People v. Nealon, 147 A.D.3d 784, 45 N.Y.S.3d 801 ).
LEVENTHAL, J.P., HALL, SGROI and BARROS, JJ., concur.