Opinion
2013-10-9
The PEOPLE, etc., respondent, v. Victor BORJA, appellant.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered March 18, 2011, convicting him of robbery in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court engaged in “premature deliberations,” and thus violated CPL 320.20(3), is without merit. Contrary to the defendant's contention, the record does not indicate that the Supreme Court deprived the defendant of the opportunity to offer evidence and deliver a summation ( see CPL 320.20[3][b], [c], [d]; People v. Bright, 256 A.D.2d 50, 680 N.Y.S.2d 848;People v. Lloyd, 210 A.D.2d at 163, 620 N.Y.S.2d 956;see also People v. Roach, 84 A.D.3d 1734, 1735, 922 N.Y.S.2d 717).