| People v Briggs |
| 2009 NY Slip Op 03007 [61 AD3d 770] |
| April 14, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Quentin Briggs, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus ofcounsel; George P. Sieniawski on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling,J.), rendered June 9, 2005, convicting him of assault in the first degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was denied a fair trial because the complaining witnessmade an unprompted, in-court identification of the defendant's brother as an accomplice in theassault is not preserved for appellate review (see CPL 470.05 [2]).
The defendant's contention that he was denied a fair trial because the Supreme Courtmisinterpreted two jury notes and gave readbacks which were prejudicial to him is without merit.The court's interpretation of the jury's notes was reasonable, and it provided meaningfulresponses to them (see People v Almodovar, 62 NY2d 126, 131 [1984], citing Peoplev Malloy, 55 NY2d 296, 301 [1982], cert denied 459 US 847 [1982]). In addition,the court's rulings and instructions during voir dire with respect to defendant counsel's commentsregarding the lack of certain evidence were proper and did not prejudice the defendant (see People v Francis, 49 AD3d552, 553 [2008]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86[1982]).
The defendant's remaining contentions are unpreserved for appellate review (seeCPL 470.05 [2]). Spolzino, J.P., Florio, Covello and Eng, JJ., concur.