| People v Leon |
| 2008 NY Slip Op 01565 [48 AD3d 701] |
| February 19, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JuanLeon, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.),rendered November 16, 2005, convicting him of endangering the welfare of a child, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the court did not adequately respond to a jury note requestingclarification is unpreserved for appellate review and, in any event, without merit (seeCPL 470.05 [2]; People v Slacks, 90 NY2d 850 [1997]). The court meaningfullyresponded by rereading its original instructions to the jury (see People v Malloy, 55NY2d 296 [1982]; People v Crosby,33 AD3d 719 [2006]).
Contrary to the defendant's contention, the court properly declined to limit its instruction tothe jury on the count of endangering the welfare of a minor to include only allegations ofphysical contact. The indictment, the prosecution's theory, and the evidence adduced at trial werenot limited to physical contact. Therefore, the charge, which mirrored the language of theindictment, was proper (cf. People v Grega, 72 NY2d 489 [1988]).
The defendant's remaining contentions are unpreserved for appellate review and, in anyevent, are without merit. Mastro, J.P., Skelos, Florio and Dickerson, JJ., concur.