PEOPLE v. CAPELLA (2020)

Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered March 27, 2018, convicting defendant, after a jury trial, of criminal contempt in the first degree and aggravated family offense, and sentencing him, as a second felony offender, to concurrent terms of two to four years, unanimously affirmed.

Defendant's challenges to the People's summation are unpreserved and we decline to review them in the interest of justice.  As an alternative holding, we find that the summation remarks were not so egregious as to require reversal (see People v. D'Alessandro, 184 A.D.2d 114, 118–120, 591 N.Y.S.2d 1001 [1st Dept. 1992], lv denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993]).

Defendant's challenge to the court's supplemental jury charge is waived because defense counsel expressly stated that, notwithstanding the concerns she had expressed in a prior colloquy, she was satisfied with the instruction as given.  We decline to review defendant's present claim in the interest of justice.  As an alternative holding, we find that the court provided a meaningful response to the jury's note.