Majority
—Judgment, Supreme Court, New York County (Harold Rothwax, J., at hearing; Jay Gold, J., at trial and sentence), rendered November 16, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of from AVz to 9 years, and 1 year, respectively, unanimously affirmed.
Defendant’s claim that the trial court improperly issued supplemental jury instructions before providing him with meaningful notice is unpreserved for appellate review (see, People v DeRosario, 81 NY2d 801 , 803). Nor would we reverse in the interest of justice where the court, in defendant’s presence, read the note into the record before giving supplemental instructions (see, People v Lykes, 81 NY2d 767 ).
Defendant’s additional claim that the prosecutor vouched
Cases cited
- People v. DeRosario 81 NY2d 801 at 803 p. 716
- People v. Lykes 81 NY2d 767 p. 716
- People v. Dien 77 NY2d 885 p. 717