Appellate Division of the Supreme Court of New York, 1998

People v. Rivera

People v. Rivera
Appellate Division of the Supreme Court of New York · Decided February 19, 1998 · Andrias, Ellerin, Mazzarelli, Nardelli
247 A.D.2d 286; 668 N.Y.S.2d 459; 1998 N.Y. App. Div. LEXIS 1540
People v. Rivera

Opinion of the Court

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered July 18, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

*287Defendant has failed to provide a sufficient record to review his claim that the trial court did not respond meaningfully to the jury’s request for a readback. The record does not reflect the specific contents of the readback, and the circumstances do not warrant an inference that crucial testimony was omitted (see, People v Kinchen, 60 NY2d 772). A review of the existing record reveals that the court responded meaningfully under the circumstances.

Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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