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PEOPLE v. DEOLEO

Appellate Division of the Supreme Court of New York, Second Department.
Jun 25, 2002
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ORDERED that the judgment is affirmed.

The County Court properly sought clarification before it responded to a note in which the jury requested readbacks of certain testimony (see People v. Malloy, 55 N.Y.2d 296, 302, cert denied 459 U.S. 847). The County Court also clearly conveyed its willingness to abide by the requests of the jury (see People v. Gadson, 161 A.D.2d 795, 796).

Contrary to the defendant's contentions, given the specific nature of both the supplemental request and response, together with the fact that the jury did not request further instruction, the County Court's response was meaningful. Thus, reversal is not warranted (see CPL 310.30; People v. Lourido, 70 N.Y.2d 428, 435; People v. Malloy, supra; People v. Chase, 225 A.D.2d 789, 790).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., ALTMAN, H. MILLER and COZIER, JJ., concur.