Opinion
570536/08.
Decided October 14, 2009.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mendelbaum, J.), rendered February 26, 2008, after a jury trial, convicting him of criminal mischief in the fourth degree, resisting arrest, harassment in the second degree, and public consumption of alcohol, and imposing sentence.
PRESENT: McKeon, P.J., Heitler, Shulman, JJ.
Judgment of conviction (Robert M. Mandelbaum, J), rendered February 26, 2008, affirmed.
In a criminal case, the trial court may not provide to the jury a written copy of the court's entire charge in circumstances where the defendant objects ( see People v Jones, 81 NY2d 980; see also People v Owens, 69 NY2d 585). Here, however, defense counsel expressly consented, prior to the commencement of trial, to the court's submission of a written copy of the charge to the jury; never withdrew that consent; and failed to voice any objection to the jury receiving a written copy of the charge. In this posture, no basis is shown to disturb the judgment of conviction ( see People v Groemminger, 173 AD2d 983, lv denied 78 NY2d 966; see generally People v Martell, 91 NY2d 782, 785 [" absent defendant's consent, it is error for the court to supply a jury with any written material containing statutory elements or terms of the charged offenses"] [emphasis added]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.