| People v DeGannes |
| 2010 NY Slip Op 06761 [76 AD3d 935] |
| September 30, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Samuel DeGannes, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), forrespondent.
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 10,2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the seconddegree, and sentencing him to a term of four years, unanimously affirmed.
The court provided a meaningful response to a jury note (see People v Santi, 3 NY3d 234, 248-249 [2004]; People vMalloy, 55 NY2d 296 [1982]). When, due to lack of consent by defendant (see CPL310.30), the court was unable to comply with the jury's request for a written definition ofconstructive possession, it properly exercised its discretion in giving an oral definition that wasboth legally correct and substantially similar to the instruction contained in the court's originalcharge. Even if the response went beyond the precise terms of the jury's request, defendant wasnot prejudiced (see People v Lourido, 70 NY2d 428, 435 [1987]; People vMariera, 219 AD2d 496 [1995], lv denied 87 NY2d 923 [1996]).Concur—Mazzarelli, J.P., Sweeny, Catterson, DeGrasse and Manzanet-Daniels, JJ.