People v. Howard

267 A.D.2d 1006, 700 N.Y.S.2d 899, 1999 N.Y. App. Div. LEXIS 13750

Opinion

the court violated CPL 310.30 by failing to disclose the contents of two jury notes (see, CPL 470.05 [2]). The court read the notes in open court before responding to them, and “[d]efendant did not lodge any objection to the manner of proceeding or the substance of the court’s responses” (People v Starling, 85 NY2d 509, 514; see, People v DePillo, 262 AD2d 996, lv denied 93 NY2d 1044; People v Fontanez, 254 AD2d 762, 763, lv denied 93 NY2d 852). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Defendant’s remaining contentions concerning the trial are not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Finally, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Murder, 2nd Degree.) Present— Pine, J. P., Wisner, Hurlbutt and Balio, JJ.