PEOPLE v. GERARD (2004)

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 8, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 1/212 to 9 years, unanimously affirmed.

 When binoculars used by the police to observe a drug transaction are in evidence, it is within the court's discretion to permit the jurors to look through the binoculars in order to perceive their degree of magnification (People v. Davis, 253 A.D.2d 687, 677 N.Y.S.2d 466 [1998], lv. denied 92 N.Y.2d 1030, 684 N.Y.S.2d 495, 707 N.E.2d 450 [1998];  People v. Lennon, 223 A.D.2d 403, 636 N.Y.S.2d 334 [1996], lv. denied 87 N.Y.2d 1021, 644 N.Y.S.2d 155, 666 N.E.2d 1069 [1996];  People v. Rivera, 215 A.D.2d 102, 626 N.Y.S.2d 93 [1995], lv. denied 86 N.Y.2d 801, 632 N.Y.S.2d 514, 656 N.E.2d 613 [1995];  see also People v. Mathison, 287 A.D.2d 384, 385, 732 N.Y.S.2d 2 [2001], lv. denied 97 N.Y.2d 706, 739 N.Y.S.2d 107, 765 N.E.2d 310 [2002] ).   In this case, the court properly exercised its discretion in granting a request from the deliberating jury to leave the windowless jury room and look out the hallway window using the binoculars.   The court provided thorough supervision and cautionary instructions.