Opinion
1999-03943
Argued January 25, 2002.
February 19, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered April 15, 1999, convicting him of criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the second degree, and criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Svetlana M. Kornfeind of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Esther Noe of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court violated CPL 310.10 is not preserved for appellate review (see, People v. Johnson, 224 A.D.2d 635). In any event, under the circumstances there was no violation of the statutory mandate that the jurors be continuously kept together (see, People v. Johnson, supra).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
FLORIO, J.P., FEUERSTEIN, O'BRIEN and ADAMS, JJ., concur.