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People v. Rose

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Nov 1, 2011
2011 N.Y. Slip Op. 52056 (N.Y. App. Term 2011)

Opinion

2009-2602 W CR

11-01-2011

The People of the State of New York, Respondent, v. Kendra Rose, Appellant.


PRESENT: : , P.J., LaCAVA and IANNACCI, JJ

Appeal from a judgment of the Justice Court of the Town of Eastchester, Westchester County (Dominick Porco, J.), rendered December 16, 2009. The judgment convicted defendant, upon a jury verdict, of petit larceny.

ORDERED that the judgment of conviction is affirmed.

After a jury trial, defendant was convicted of petit larceny (Penal Law § 155.25). Defendant's contention that the trial court did not meaningfully respond to the jury's request for a readback of a witness's testimony is waived, inasmuch as defendant consented to the instruction given by the Justice Court in response to the jury's note concerning the request (see People v Whitehead, 84 AD3d 1128, 1130 [2011]; People v Jones, 82 AD3d 1582, 1583 [2011]; People v Scott, 60 AD3d 1396, 1397 [2009]; see also People v Zito, 299 AD2d 569, 570-571 [2002]; People v Bobadilla, 254 AD2d 493, 494 [1998]). In any event, defendant's contention is without merit as, at all times, the Justice Court indicated a willingness to abide by the wishes of the jurors (see People v Elie, 150 AD2d 719 [1989]). The court offered the jury a choice between waiting two days to hear the testimony once the stenographer would become available or continuing to deliberate without the testimony.

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.


Summaries of

People v. Rose

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Nov 1, 2011
2011 N.Y. Slip Op. 52056 (N.Y. App. Term 2011)
Case details for

People v. Rose

Case Details

Full title:The People of the State of New York, Respondent, v. Kendra Rose, Appellant.

Court:Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Nov 1, 2011

Citations

2011 N.Y. Slip Op. 52056 (N.Y. App. Term 2011)