PEOPLE v. McDOWELL

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court did not err in denying without a hearing the motion of defendant pursuant to CPL 440.10 to vacate the judgment convicting him of rape in the first degree (Penal Law § 130.35). In support of the motion, defendant contended that the court violated CPL 310.30 by failing to notify defendant and defense counsel of the contents of a note from the jury submitted in response to the court's questions concerning the status of deliberations. The note was clearly not a request for further instructions or information and, although issues under section 310.30 may be reviewed pursuant to section 440.10 (1) (f) ( see People v. Dixon, 221 AD2d 1005, lv denied 87 NY2d 972), the note did not implicate the need for the procedures pursuant to People v. O'Rama ( 78 NY2d 270; see People v. Damiano, 87 NY2d 477, 487; People v. Agosto, 73 NY2d 963, 966).