| People v Dell'Aera |
| 2011 NY Slip Op 04265 [84 AD3d 1109] |
| May 17, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Dell'Aera, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Laurie K. Gibbons ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.),rendered April 14, 2010, convicting him of robbery in the second degree, robbery in the thirddegree, and petit larceny, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the County Court's jury charge regarding intent is without merit(see CJI2d[NY] Culpable Mental States—Intent). The County Court was notrequired to provide the charge in the precise language requested by the defendant (see Peoplev Samuels, 99 NY2d 20, 25-26 [2002]; People v Dory, 59 NY2d 121, 129 [1983];People v Maldonado, 127 AD2d 855 [1987]; People v Compitiello, 118 AD2d720 [1986]). Where, as here, the Trial Judge sufficiently explained all the applicable legalprinciples to the jury, he was not bound to use the specific language requested (see People vMaldonado, 127 AD2d at 855; People v Dory, 59 NY2d at 129). Furthermore, theCounty Court's charge did not alter the People's theory as presented in the indictment or the factsas presented at trial (see People v Charles, 61 NY2d 321, 326-329 [1984]; People vKaminski, 58 NY2d 886, 887 [1983]; People v Faber, 64 AD3d 788 [2009]; People v Jean, 146AD2d 803, 804 [1989], affd 75 NY2d 744 [1989]).
The defendant's remaining challenge to the adequacy of the County Court's response to a jurynote requesting clarification of the concept of reasonable doubt is unpreserved for appellatereview (see CPL 470.05 [2]; People v Romero, 71 AD3d 795, 796 [2010]), and, in any event, iswithout merit (see People v Malloy, 55 NY2d 296, 303 [1982], cert denied 459US 847 [1982]; People v Steinberg, 79 NY2d 673, 684 [1992]; People v Chase,225 AD2d 789, 790 [1996]; People v Walton, 220 AD2d 548 [1995]). Covello, J.P., Eng,Chambers and Miller, JJ., concur.