People v. Urbinelli — 197 A.D.2d 417

Majority

p. 417

The People of the State of New York, Respondent, v Paul Urbinelli, Appellant.

[602 NYS2d 393]

—Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered

p. 418

May 1, 1991, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him to concurrent terms of 3 Vs to 10 years, unanimously affirmed.

The People met their burden of establishing the voluntariness of defendant’s statement beyond a reasonable doubt (People v Rosa, 65 NY2d 380 , 386). The suppression court properly found defendant’s assertions of physical abuse patently incredible (People v Prochilo, 41 NY2d 759 , 761) and we discern no basis to disturb that determination.

The court properly denied defense counsel’s request for a missing witness charge. Counsel’s request was untimely and lacked sufficient specificity (People v Gonzalez, 68 NY2d 424 , 427-428).

The court’s comprehensive instruction with respect to proper notetaking by the jury cured any possible prejudice that might have occurred as a result of the previous passing of notes among jurors during readback. Any prospective problem was cured by the court’s directive prohibiting further notetaking (People v Tucker, 77 NY2d 861 ; People v DiLuca, 85 AD2d 439 , 445-446).

We have considered defendant’s remaining claims and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Kupferman and Nardelli, JJ.

Cases cited

People v. Gonzalez 68 NY2d 424 N.Y. 1986-11-25 at 427-428 p. 418
People v. Tucker 77 NY2d 861 N.Y. 1991-02-14 p. 418
People v. DiLuca 85 AD2d 439 N.Y. App. Div. 1982-03-29 at 445-446 p. 418