Opinion
3198
March 5, 2002.
Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 20, 1998, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him as a second felony offender to concurrent terms of 6 to 12 years, unanimously affirmed.
Katherine Adams Wilson for respondent.
David Samel for defendant-appellant.
Before: Nardelli, J.P., Williams, Tom, Sullivan, Friedman, JJ.
By order entered February 22, 2001 ( 280 A.D.2d 399), we remanded this proceeding for purposes of conducting a hearing on defendant's motion to suppress physical evidence and identification testimony, and held the appeal in abeyance pending the conclusion of such a hearing and an order entered thereon. Supreme Court, by order dated June 8, 2001, has now denied such motion. Our review of the evidence adduced at the suppression hearing provides no basis to conclude that denial of the suppression motions was error.
Defendant failed to preserve his claim that the court inadequately and inaccurately responded to the second jury note (People v. Blackwell, 249 A.D.2d 81, lv denied 92 N.Y.2d 848). Nor, in view of the absence of prejudice resulting from the court's response, do we find any basis to reverse in the interest of justice (People v. Lourido, 70 N.Y.2d 428, 435). Defendant's contention that the court erred by not allowing the jury to resume deliberations after the second note is belied by the record, which reflects that the foreperson and, upon polling, each member of the jury, indicated that further deliberations were unnecessary. Defendant's remaining contentions are also meritless.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.