Opinion
February 24, 2000
Judgment, Supreme Court, New York County (Michael Obus, J.), rendered May 16, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
Yasmine Rachou, for Respondent.
Bonnie C. Brennan, for Defendant-Appellant.
WILLIAMS, J.P., TOM, SAXE, BUCKLEY, FRIEDMAN, JJ.
Read as a whole (see, People v. Canty, 60 N.Y.2d 830), the court's response to an inquiry from the deliberating jury with regard to sentencing properly reminded the jury not to consider punishment and could not have caused any prejudice to defendant (compare,People v. Santini, 221 App. Div. 139, 142, affd 246 N.Y.2d 612).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.