Opinion
2003-00231
November 22, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County, (Rios, J.), rendered December 17, 2002, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, and criminally using drug paraphernalia in the second degree (two counts), upon a jury verdict, and imposing sentence.
Before: Smith, J.P., Luciano, Rivera and Lifson, JJ., concur.
Ordered that the judgment is affirmed.
A trial court, in its charge, need not marshal all of the evidence, but must "state the material legal principles applicable to the particular case" ( see CPL 300.10; see also People v. James, 194 AD2d 558, 559). Nor is the court required to explain all the contentions of the parties or outline all the inconsistencies in the evidence ( see People v. Snyder, 294 AD2d 381). However, if the court does refer to the evidence, it must do so fairly and in an evenhanded manner ( see People v. Turton, 221 AD2d 671).
Contrary to the defendant's contention, the trial court marshaled the evidence in an evenhanded manner and did not give undue emphasis to the People's contentions ( see People v. Poey, 260 AD2d 411). In addition, the court stressed that it held no opinion of the evidence ( see People v. Bacchus, 183 AD2d 720) and would explain the law solely to assist the jurors' understanding.