People v. Nixon

Judgment, Supreme Court, Bronx County (Fred Eggert, J.), rendered August 3, 1987, convicting defendant after a jury trial of criminal possession of a weapon in the third degree, and sentencing him as a persistent violent felony offender to an indeterminate term of imprisonment of 8 years to life, unanimously affirmed.

A new trial is not warranted on the basis of defendant’s unpreserved claim that he was not present while the court, outside of the jury’s presence, considered its response to the jury’s note requesting a read back of testimony. While the requested read back of testimony did not…