| People v Feurtado |
| 2013 NY Slip Op 08653 [112 AD3d 962] |
| December 26, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kourtney Feurtado, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Keith Dolan,and Matthew J. Benjamin of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Marrus, J.), rendered June 13, 2011, convicting him of robbery in the first degree, upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to establish that he was prejudiced by the loss of certainRosario material (see People v Rosario, 9 NY2d 286 [1961], certdenied 368 US 866 [1961]), and thus, the Supreme Court properly declined to givean adverse inference charge with respect to the content of that material (see CPL240.75; People v Brown, 71AD3d 1043 [2010]; Peoplev DiFiore, 46 AD3d 835 [2007]; Matter of Benjamin J., 10 AD3d 608 [2004]).
The defendant failed to preserve for appellate review his contention that he wasdeprived of a fair trial when the Supreme Court participated in the readbacks of certaintestimony to the jury by assuming the role of a witness or inquiring counsel (seeCPL 470.05 [2]; People vAlcide, 21 NY3d 687 [2013]). In any event, under the circumstances of thiscase, any error the court may have committed by participating in the readbacks washarmless and did not deprive the defendant of a fair trial (see People v Crimmins,36 NY2d 230, 237 [1975]; People v Facey, 104 AD3d 788, 789 [2013]).
The defendant was not deprived of the effective assistance of counsel, as defensecounsel provided meaningful representation (see People v Benevento, 91 NY2d708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]).
The defendant's contention that the Supreme Court should have afforded himyouthful offender treatment is without merit (see CPL 720.10 [2] [a] [ii]; [3][i]; cf. People v Tyquan S.,54 AD3d 1062 [2008]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Mastro, J.P., Dillon, Angiolillo and Chambers, JJ., concur.