People v Rodriguez

People v Rodriguez 2011 NY Slip Op 08786 Decided on November 29, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 29, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2009-06172
(Ind. No. 1383/08)

[*1]The People of the State of New York, respondent,

v

Serge Rodriguez, appellant.




Lynn W. L. Fahey, New York, N.Y. (A. Alexander Donn of
counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Nicoletta J. Caferri, and
William H. Branigan of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.), rendered June 12, 2009, convicting him of assault in the third degree and harassment in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, under the circumstances presented in this case, the trial court's responses to the jury's notes regarding the issue of intent, which were formulated after consulting with counsel, meaningfully addressed the jury's inquiries, contained no misstatements of the law, and did not unfairly prejudice the defendant (see People v Steinberg, 79 NY2d 673, 684-685; People v Greene, 87 AD3d 551; People v Benard, 69 AD3d 952, 953; People v Fair, 308 AD2d 597, 597-598). Accordingly, the trial court did not err in its responses to the jury's notes and inquiries.
MASTRO, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court