| People v Albanese |
| 2007 NY Slip Op 09037 [45 AD3d 691] |
| November 13, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JodiAlbanese, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Laurie K.Spinella of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau Court (LaPera, J.),rendered August 8, 2006, convicting her of hindering prosecution in the second degree, upon ajury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual reviewpower (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against theweight of the evidence (see People vRomero, 7 NY3d 633 [2006]).
The defendant's contention that the indictment failed to provide notice of the crime chargedis unpreserved for appellate review (see People v Iannone, 45 NY2d 589, 600-601[1978]). In any event, any defect in the indictment was cured by the bill of particulars, whichprovided the defendant with sufficiently specific information as to the manner, time, and place ofthe crime (see CPL 200.50 [7] [a]; People v Jackson, 46 NY2d 721, 723 [1978];People v Eun Sil Jang, 17 AD3d693, 694 [2005]). Furthermore, contrary to the defendant's contention, the prosecution didnot change the theory of the case at trial.
The defendant's contentions that the trial court erred in failing to respond to a jury note [*2]requesting a read back of certain testimony, and in failing to read tothe jury a formulated response to another jury note, are unpreserved for appellate review(see CPL 470.05 [2]). In any event, the defendant's contentions are without merit. Thejury nullified its request for the read back when the jury asked the court to disregard all otherrequests, except for one (see People v Sanders, 227 AD2d 506 [1996]; cf. People vQuintana, 262 AD2d 101 [1999]). As for the request left unanswered, there was no unduedelay by the court in responding. The fact that the jury reached a verdict before the formulatedresponse could be read was not the result of any error or perceived pressure on the court's part(see People v Agosto, 73 NY2d 963, 966-967 [1989]). Moreover, the failure to read theformulated response did not seriously prejudice the defendant (see People v Agosto, 73NY2d at 967). The fact that a verdict was reached implied that the jury resolved the issue on itsown (see People v Quintana, 262 AD2d 101 [1999]).
The defendant's remaining contentions regarding improper remarks by the prosecutor areunpreserved for appellate review and, in any event, without merit. Crane, J.P., Lifson, Covelloand McCarthy, JJ., concur.