People v Borja

2013 NY Slip Op 06585 [110 AD3d 824]

October 9, 2013

Appellate Division, Second Department

As corrected through Wednesday, November 27, 2013

The People of the State of New York,Respondent, v Victor Borja, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), forappellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Nicoletta J. Caferri, and Nancy Fitzpatrick Talcott of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Kron, J.), rendered March 18, 2011, convicting him of robbery in the third degree, aftera nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court engaged in "prematuredeliberations," and thus violated CPL 320.20 (3), is without merit. Contrary to thedefendant's contention, the record does not indicate that the Supreme Court deprived thedefendant of the opportunity to offer evidence and deliver a summation (see CPL320.20 [3] [b], [c], [d]; People v Bright, 256 AD2d 50 [1998]; People vLloyd, 210 AD2d 163, 163 [1994]; see also People v Roach, 84 AD3d 1734, 1735 [2011]).Balkin, J.P., Leventhal, Austin and Roman, JJ., concur.