Opinion
2001-05977
Argued September 15, 2003.
September 29, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered June 14, 2001, convicting him of attempted murder in the second degree and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicolleta J. Caferri, Noreen Healey, and James L. Iannone of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the trial court failed to respond meaningfully to the jury's third note regarding the counts of criminal possession of a weapon in the second degree, and acting in concert. The defendant's claim is unpreserved for appellate review ( see CPL 470.05; People v. Starling, 85 N.Y.2d 509, 516; People v. Clark, 298 A.D.2d 461). In any event, the trial court's response to the note, which the court discussed with counsel before it was rendered, was meaningful ( see People v. Steinberg, 79 N.Y.2d 673, 684; People v. Almodovar, 62 N.Y.2d 126, 131-132; People v. Chase, 225 A.D.2d 789, 790). Furthermore, trial counsel provided meaningful representation at all stages of the proceedings ( see People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137).
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence.
The defendant's remaining contentions, including those raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit.
FLORIO, J.P., FEUERSTEIN, CRANE and RIVERA, JJ., concur.