Opinion
2001-02248.
Decided February 2, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered February 26, 2001, convicting him of robbery in the third degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Benjamin A. Darche of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., GLORIA GOLDSTEIN, DANIEL F. LUCIANO and BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court committed reversible error by refusing the jury's request for a readback of the defense counsel's summation is unpreserved for appellate review ( see CPL 470.05; People v. Velasco, 77 N.Y.2d 469, 474; People v. Dixon, 277 A.D.2d 65). In any event, the defendant's contention is without merit since the trial court properly exercised its discretion in refusing the request ( see People v. Dixon, supra; People v. McClary, 197 A.D.2d 640).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.