Judgment affirmed, and matter remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
Even assuming, arguendo, that the trial court failed to fully comply with the jury's request to read back certain testimony, reversal is not required on this basis because the defendant has not established that the alleged failure resulted in "serious prejudice to [his] rights" (People v. Jackson, 20 N.Y.2d 440, 455, cert denied 391 U.S. 928; People v. Miller, 6 N.Y.2d 152; People v. Cooke, 292 N.Y. 185). Furthermore, the court did not abuse its discretion in imposing a sentence of imprisonment upon the defendant, and we decline to modify that sentence (see, People v Suitte, 90 A.D.2d 80; People v. Junco, 43 A.D.2d 266, affd 35 N.Y.2d 419, cert denied 421 U.S. 951).
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Gibbons, Lawrence and Kunzeman, JJ., concur.