Opinion
2001-01184
Argued May 15, 2003.
June 2, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered January 24, 2001, convicting him of robbery in the first degree, robbery in the second degree (two counts), and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Mae C. Quinn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, Anastasia Spanakos, and Donna Aldea), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court committed reversible error in permitting the jury foreperson to take notes during the supplemental charge without providing cautionary instructions to the jury is unpreserved for appellate review because he did not object to the note-taking, nor did he request that the jurors be instructed (see People v. Stewart, 179 A.D.2d 731, 732, affd 81 N.Y.2d 877, 878; People v. Caraballo, 221 A.D.2d 553, 554; People v. White, 210 A.D.2d 446, 446-447; People v. DiLuca, 85 A.D.2d 439, 445).
SANTUCCI, J.P., GOLDSTEIN, H. MILLER and SCHMIDT, JJ., concur.