People v. Scarpello

—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and three counts of criminal possession of a *857controlled substance in the third degree (Penal Law § 220.16 [1]). Defendant contends that Supreme Court erred in failing to respond to a request by the jury (see, CPL 310.30). At approximately 2:00 p.m. on the second day of jury deliberations, the court received a note from the…