| People v Bedeau |
| 2015 NY Slip Op 04858 [129 AD3d 853] |
| June 10, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Carl Bedeau, Appellant. |
Seymour W. James, Jr., New York, N.Y. (William B. Carney of counsel), forappellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove andVictor Barall of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Firetog, J.), rendered January 8, 2013, convicting him of assault in the second degreeand endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court's handling of certain jury notesviolated 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 CPL 470.05[2]; People v Ramirez, 15NY3d 824, 826 [2010]), and we decline to reach the contention in the exercise ofour interest of justice jurisdiction. Since the jury merely requested readbacks of theelements of the charged offenses, and defense counsel had notice of the contents of thenotes before the Supreme Court gave its formal responses, the alleged errors did notconstitute mode of proceedings errors that would obviate the preservation requirement(see People v Alcide, 21NY3d 687, 692 [2013]; People v Ramirez, 15 NY3d at 826; People v Santiago, 117 AD3d759 [2014]; People vWoodrow, 89 AD3d 1158, 1160 [2011]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Eng, P.J., Hall, Cohen and Barros, JJ., concur.