PEOPLE v. RIVERA

The trial court properly refused defendant's request to charge the jury "not to look out the windows of the jury room" with the binoculars through which a police officer had observed defendant from a roof top vantage point selling narcotics, or to otherwise experiment with the binoculars in an attempt to replicate the officer's observations. Any conceivable use of the binoculars by the jury could have amounted to "no more than the application of every day perceptions and common sense to the issues presented in the trial" (People v Brown, 48 N.Y.2d 388, 393).

Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.