People v. Rivera

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brill, J.), rendered June 26, 1995, convicting him of assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the court denied him an opportunity to participate in formulating a response to a note sent by the jury during deliberations is not preserved for appellate review. The court showed the contents of the note to defense counsel and also read the note into the record in the presence of the jury. At that time, pursuant to an…