PEOPLE v. FRANCIS (1999)

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ort, J.), rendered February 6, 1998, convicting him of aggravated sexual abuse in the second degree, robbery in the second degree, sexual abuse in the first degree, assault in the second degree (four counts), resisting arrest, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's contention that the court erred when it reinstructed the jury on the elements of the crimes charged without reinstructing it on intoxication is unpreserved for appellate review (see, CPL 470.05[2];  People v. Stewart, 81 N.Y.2d 877, 878-879, 597 N.Y.S.2d 634, 613 N.E.2d 540;  People v. Maldonado, 237 A.D.2d 463, 655 N.Y.S.2d 541).   In any event, since the jury did not request reinstruction on intoxication, and, upon the court's recharge, the foreperson indicated that the jury was satisfied, the defendant's contention is without merit (see, People v. Allen, 69 N.Y.2d 915, 516 N.Y.S.2d 199, 508 N.E.2d 934).   The Supreme Court's response to the jury's request was meaningful (see, CPL 310.30;  People v. Weinberg, 83 N.Y.2d 262, 267-268, 609 N.Y.S.2d 155, 631 N.E.2d 97;  People v. Malloy, 55 N.Y.2d 296, 308, 449 N.Y.S.2d 168, 434 N.E.2d 237, cert. denied 459 U.S. 847, 103 S.Ct. 104, 74 L.Ed.2d 93;  People v. Morales, 223 A.D.2d 562, 636 N.Y.S.2d 384).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.

MEMORANDUM BY THE COURT.