Opinion
2852.
Decided February 17, 2004.
Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered November 9, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 7 years, unanimously affirmed.
Jonathan Zucker, for Respondent.
Susan Epstein, for Defendant-Appellant.
Before: Buckley, P.J., Sullivan, Williams, Gonzalez, JJ.
The court responded meaningfully to the jury note which requested the definition of second- and third-degree robbery. Contrary to defendant's claim, the court was not required to repeat its definition of "deprive" and "appropriate," which it had already given in its main charge, and which the jury did not request in its note ( see People v. Allen, 69 N.Y.2d 915; People v. Smith, 288 A.D.2d 629, 630-632, lv denied 97 N.Y.2d 733; People v. Lewis, 177 A.D.2d 421, lv denied 79 N.Y.2d 949).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.