People v. James

304 A.D.2d 384, 756 N.Y.S.2d 749, 2003 N.Y. App. Div. LEXIS 3880

Opinion

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered October 30, 2000, convicting defendant, after a jury trial, of assault in the first degree, and sentencing her, as a second violent felony offender, to a term of 15 years, unanimously affirmed.

Defendant’s challenge to the court’s supplementary charge given in response to a note from the deliberating jury claiming an inability to reach a unanimous verdict is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the supplementary charge as a whole conveyed the proper principles, was sufficiently balanced, and was not coercive (see People v Ford, 78 NY2d 878 [1991]; People v Pagan, 45 NY2d 725 [1978]).

The record establishes that defendant’s predicate conviction was for a violent felony (see Penal Law § 70.02 [1] [c]; § 265.02 [4]) and contradicts her claim that she was improperly sentenced as a second violent felony offender. Concur — Tom, J.P., Mazzarelli, Ellerin, Lerner and Marlow, JJ.