Opinion
14858, 3772/09
04-21-2015
The PEOPLE of the State of New York, Respondent, v. Alty ADAMSON, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for appellant. Alty Adamson, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for appellant.
Alty Adamson, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
TOM, J.P., FRIEDMAN, RENWICK, MOSKOWITZ, DeGRASSE, JJ.
Opinion Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered November 3, 2011, as amended December 5, 2011, convicting defendant, after a jury trial, of assault in the second and third degrees, petit larceny and criminal possession of stolen property in the fifth degree, and sentencing him, as a second violent felony offender to an aggregate term of five years, unanimously affirmed.
We reject defendant's challenges to the sufficiency and weight of the evidence supporting the element of physical injury with regard to one of the victims (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). Defendant struck this victim in the head with a 40–pound bench, resulting in a one-inch gash that bled extensively and required four staples to close. Viewed objectively, an injury caused in that manner “would normally be expected to bring with it more than a little pain” (People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ).
The court properly exercised its discretion when it inquired whether the jury had agreed upon a verdict as to any of the counts (see e.g. People v. Brown, 1 A.D.3d 147, 766 N.Y.S.2d 566 [1st Dept.2003], lv.
denied 1 N.Y.3d 625, 777 N.Y.S.2d 24, 808 N.E.2d 1283 [2004] ), People v. Mendez, 221 A.D.2d 162, 163, 634 N.Y.S.2d 46 [1st Dept.1995], lv. denied 87 N.Y.2d 923, 641 N.Y.S.2d 605, 664 N.E.2d 516 [1996] ). That inquiry was separate from its response to the jury's note requesting a readback of certain testimony, as to which the court had fully complied with the requirements of People v. O'Rama, 78 N.Y.2d 270, 574 N.Y.S.2d 159, 579 N.E.2d 189 (1991). Even if the court's inquiry about a possible verdict could be deemed part of the court's response to the note, there was still no mode of proceedings error. Although the court did not announce to counsel its intention to make this inquiry, it had already fulfilled its “core responsibility” under People v. Kisoon, 8 N.Y.3d 129, 135, 831 N.Y.S.2d 738, 863 N.E.2d 990 (2007). Accordingly, preservation was required (see People v. Williams, 21 N.Y.3d 932, 934–935, 969 N.Y.S.2d 421, 991 N.E.2d 195 [2013] ), and we decline to review defendant's unpreserved claim in the interest of justice. As an alternative holding, we find no basis for reversal.
We have considered and rejected defendant's pro se claims.