Opinion
March 31, 1999
Appeal from Judgment of Onondaga County Court, Mulroy, J. — Burglary, 1st Degree.
Judgment unanimously affirmed. Memorandum: Defendant contends that he was deprived of a fair trial by prosecutorial misconduct. None of the alleged instances of prosecutorial misconduct, however, is preserved for our review (see, CPL 470.05). Defendant has also failed to preserve for our review his contentions that County Court usurped the function of the jury in questioning a medical witness (see, People v. Charleston, 56 N.Y.2d 886) and erred in responding to a jury note to reread part of the charge without input from counsel. Because the court read the jury note into the record before responding to it, defense counsel had an opportunity to preserve the issue (see, People v. Starling, 85 N.Y.2d 509, 516). We decline to address defendant's contentions as a matter of discretion in the interest of justice (see, CPL 470.15[a]).
Finally, the verdict is supported by the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495), and defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 147).
Present — Green, J. P., Pine, Wisner, Scudder and Callahan, JJ.