Opinion
November 22, 1994
Appeal from the Supreme Court, New York County (James Leff, J.).
Under the circumstances presented, the warrantless search of the car in which defendant was arrested 107 days after it was impounded was reasonable and did not deprive him of his Federal or State constitutional rights. The search was supported by probable cause and defendant did not demonstrate an invasion of his right to privacy (see, United States v. Johns, 469 U.S. 478; People v. Blasich, 73 N.Y.2d 673). Defendant's contention that the trial court failed to respond meaningfully to the jury's note is both unpreserved and without merit, and we decline to review it in the interest of justice. We note, however, that there is no requirement that the court marshal the evidence or explain the parties' theories and proof (People v. Rodriguez, 199 A.D.2d 72, lv denied 83 N.Y.2d 809).
We have considered the defendant's remaining contention and find it to be without merit.
Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.