PEOPLE v. LOPEZ (1997)

Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered December 21, 1994, convicting defendant, after a jury trial, of assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 71/212 to 15 years, 71/212 to 15 years, and 31/212 to 7 years, respectively, unanimously affirmed.

 As we have repeatedly held under virtually identical facts (People v. Cabeza, 240 A.D.2d 220, 658 N.Y.S.2d 299, lv. denied 90 N.Y.2d 891, 662 N.Y.S.2d 434, 685 N.E.2d 215;  People v. Rivera, 238 A.D.2d 152, 655 N.Y.S.2d 954, lv. denied 90 N.Y.2d 897, 662 N.Y.S.2d 440, 685 N.E.2d 221;  People v. Mays, 232 A.D.2d 332, 649 N.Y.S.2d 409, lv. denied 89 N.Y.2d 926, 654 N.Y.S.2d 728, 677 N.E.2d 300), defendant's unpreserved claim regarding the court's use of assistance in the reading of its final charge to the jury is subject to normal preservation requirements and meritless in any event.   The record is clear that the charge was delivered at the direction and under the supervision of the court.

MEMORANDUM DECISION.