Opinion
February 2, 1990
Appeal from the Supreme Court, Monroe County, Cornelius, J.
Present — Callahan, J.P., Boomer, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant has failed to preserve his contention that the trial court committed reversible error in failing to respond fully to the jury's request for the reading of a certain portion of Investigator Ciminelli's trial testimony (see, CPL 470.05). Were we to address the issue in the interest of justice, a reversal would not be warranted because the court's failure to comply fully with the jury's request did not seriously prejudice defendant (see, People v Lourido, 70 N.Y.2d 428, 435; People v Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847; People v Jackson, 20 N.Y.2d 440, 454, cert denied 391 U.S. 928; People v York, 133 A.D.2d 130, 132-133, lv denied 70 N.Y.2d 939; People v Donovan, 118 A.D.2d 722, lv denied 67 N.Y.2d 942). Further, "the court's remarks to the jury when the partial readback was given indicated a continued willingness to abide by the wishes of the jurors" (People v Elie, 150 A.D.2d 719, 720, lv denied 74 N.Y.2d 739). Finally, we conclude that the sentence was not harsh and excessive (see, People v Farrar, 52 N.Y.2d 302, 305).