Opinion
550
March 21, 2002.
Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered September 9, 1999, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and 5 to 15 years, respectively, unanimously affirmed.
LYNETTA M. ST. CLAIR, for respondent.
CHERYL P. WILLIAMS, for defendant-appellant.
Before: Andrias, J.P., Buckley, Sullivan, Ellerin, Lerner, JJ.
Defendant's claim that the court erred in providing a readback that was broader than the jury's request is unreviewable because the record does not reveal what testimony was read to the jury (People v. Rivera, 247 A.D.2d 286, lv denied 91 N.Y.2d 976; People v. Rodriguez, 223 A.D.2d 504, lv denied 88 N.Y.2d 853; People v. Fernandez, 215 A.D.2d 234, 235, affd 88 N.Y.2d 777). Thus, it cannot be determined to what extent, if any, the readback exceeded the jury's request. Moreover, defense counsel participated in the process of selecting testimony to be read back, and raised no objection after the completion of the readback.
To the extent that defendant's arguments are reviewable, we find that the court meaningfully responded to the jury's note (see, People v. Malloy, 55 N.Y.2d 296, 303, cert denied 459 U.S. 847). The court reasonably interpreted the note and no clarification thereof was necessary. Even were we to infer, based on the colloquy between the court and counsel concerning the meaning of the note, that the readback went beyond the note to the extent defendant presently assumes, we would find no prejudice (see, People v. Mariera, 219 A.D.2d 496, 497, lv denied 87 N.Y.2d 923).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.