| People v Robinson |
| 2008 NY Slip Op 04755 [51 AD3d 575] |
| May 27, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v LateeRobinson, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Robert Torres, J.), rendered March 3, 2006,convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to aterm of imprisonment of 25 years to life, unanimously affirmed.
Defendant's claim that the court failed to respond properly to a jury note (see People vO'Rama, 78 NY2d 270 [1991]) is based on facts that are similar to those set forth in People v Mitchell (46 AD3d 480[2007]) and People v Johnson (46AD3d 415, 416-417 [2007]). As in those cases, the circumstances establish that the jury'srequest for "all the evidence" referred to exhibits and not testimony, so that the court clerk'sministerial compliance with that request, in accordance with the parties' prior stipulation, wasproper.
Defendant did not preserve any of his challenges to the prosecutor's summation and wedecline to review them in the interest of justice. As an alternative holding, we also reject them onthe merits (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976[1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81NY2d 884 [1993]). Nothing in the summation deprived defendant of a fair trial.Concur—Andrias, J.P., Saxe, Sweeny, Moskowitz and DeGrasse, JJ.