SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department
November 1, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from a judgment of the Justice Court of the Town of Eastchester, Westchester County (Dominick Porco, J.), rendered December 16, 2009.
People v Rose (Kendra)
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on November 1, 2011
PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ
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 ; People v Jones, 82 AD3d 1582, 1583 ; People v Scott, 60 AD3d 1396, 1397 ; see also People v Zito, 299 AD2d 569, 570-571 ; People v Bobadilla, 254 AD2d 493, 494 ). 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 ). 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.
Decision Date: November 01, 2011
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