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PEOPLE v. ORTIZ

265 A.D.2d 431 (1999)

697 N.Y.S.2d 78

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL ORTIZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 12, 1999.

Ordered that the judgment is affirmed.

During its deliberations, the jury sent three notes to the Trial Judge requesting evidence. The defendant contends that the Trial Judge committed reversible error by not completing the readback of testimony which was requested in the second note, and by requesting clarification of the third note. However, these contentions are unpreserved for appellate review (see, CPL 470.05 [2]; People v Starling,

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