| People v Alcide |
| 2012 NY Slip Op 03455 [95 AD3d 897] |
| May 1, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamesAlcide, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach,J.), rendered December 12, 2006, convicting him of murder in the second degree and criminalpossession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court's procedure for handling certain jurynotes violated the procedure set forth by the Court of Appeals in People v O'Rama (78NY2d 270, 277-278 [1991]) is unpreserved for appellate review (see People v Ramirez, 15 NY3d824, 825-826 [2010]; People vBryant, 82 AD3d 1114 [2011]), and we decline to reach the contention in the exercise ofour interest of justice jurisdiction. Since the jury merely requested read-backs of certain trialtestimony, the alleged error did not constitute a mode of proceedings error which would obviatethe preservation requirement (see People v Starling, 85 NY2d 509 [1995]; People vBryant, 82 AD3d at 1114).
The defendant's contention regarding the Supreme Court's participation in reading backcertain trial testimony is also unpreserved for appellate review, and we also decline to review thatcontention in the exercise of our interest of justice jurisdiction.
The defendant's remaining contention is without merit. Rivera, J.P., Chambers, Austin andRoman, JJ., concur.