People v. Booker

— Judgment, Supreme Court, New York County (Felice Shea, J.), rendered August 7, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a predicate felony offender, to a term of imprisonment of from 4-V2 to 9 years, unanimously affirmed.

Defendant contends that the court erred in failing to respond to a note sent by the jury prior to reaching a verdict. After deliberating for two hours, the jury requested the exhibits and the definition of "beyond a reasonable doubt.” Less *422than an hour after the court responded to…