People v. Rivera

247 A.D.2d 286, 668 N.Y.S.2d 459, 1998 N.Y. App. Div. LEXIS 1540

Opinion

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered July 18, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Defendant has failed to provide a sufficient record to review his claim that the trial court did not respond meaningfully to the jury’s request for a readback. The record does not reflect the specific contents of the readback, and the circumstances do not warrant an inference that crucial testimony was omitted (see, People v Kinchen, 60 NY2d 772). A review of the existing record reveals that the court responded meaningfully under the circumstances.

Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.