People v. Davis

253 A.D.2d 687, 677 N.Y.S.2d 466, 1998 N.Y. App. Div. LEXIS 9591

Opinion

Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered June 29, 1995, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

On the existing record, which defendant has not sought to amplify by way of a motion pursuant to CPL 440.10 (see, People v Love, 57 NY2d 998), defendant received meaningful representation (People v Baldi, 54 NY2d 137).

In this observation sale case, the jurors’ court-supervised, limited use of the police binoculars during deliberations was permissible (People v Lennon, 223 AD2d 403, lv denied 87 NY2d 1021). Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.