| People v Capella |
| 2020 NY Slip Op 01017 [180 AD3d 498] |
| February 13, 2020 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Anthony Capella, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz ofcounsel), and Arnold & Porter Kaye Scholer LLP, New York (Sasha Yishu Zhengof counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), forrespondent.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), renderedMarch 27, 2018, convicting defendant, after a jury trial, of criminal contempt in the firstdegree and aggravated family offense, and sentencing him, as a second felony offender,to concurrent terms of two to four years, unanimously affirmed.
Defendant's challenges to the People's summation are unpreserved and we decline toreview them in the interest of justice. As an alternative holding, we find that thesummation remarks were not so egregious as to require reversal (see People vD'Alessandro, 184 AD2d 114, 118-120 [1st Dept 1992], lv denied 81 NY2d884 [1993]).
Defendant's challenge to the court's supplemental jury charge is waived becausedefense counsel expressly stated that, notwithstanding the concerns she had expressed ina prior colloquy, she was satisfied with the instruction as given. We decline to reviewdefendant's present claim in the interest of justice. As an alternative holding, we find thatthe court provided a meaningful response to the jury's note. Concur—Richter, J.P.,Manzanet-Daniels, Gesmer, Singh, JJ.