Opinion
November 16, 1994
Appeal from the Monroe County Court, Marks, J.
Present — Denman, P.J., Green, Fallon, Wesley and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's conviction of grand larceny in the fourth degree is supported by legally sufficient evidence. The evidence adduced at trial, viewed in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), establishes that defendant obtained a donation of beer by misrepresenting that it would be used for a charitable event sponsored by the Greece Police Department, and that he then appropriated the beer for his own use and benefit.
Defendant failed to preserve for review the issue whether the court erred in failing to read-back the cross-examination testimony of a prosecution witness (see, People v. Merrill, 169 A.D.2d 997, lv denied 77 N.Y.2d 909). Were we to reach the merits of that issue, we would find no error. The jury indicated that it did not wish to hear any further testimony (cf., People v Berger, 188 A.D.2d 1073, 1074, lv denied 81 N.Y.2d 881).