The People, etc., respondent, v. Patrick Speight, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Patrick Speight, appellant.

2008-05705 (Ind.No. 11521/07)

Decided: November 23, 2010

JOSEPH COVELLO, J.P. THOMAS A. DICKERSON ARIEL E. BELEN PLUMMER E. LOTT, JJ. Steven Banks, New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Linda Breen, and Adam Koelsch of counsel), for respondent.

Argued-October 29, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered June 10, 2008, convicting him of grand larceny in the fourth degree and petit larceny, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Upon our independent review of the evidence pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633).

The defendant's remaining contentions, concerning the handling of notes from the jury (see CPL 310.30) and an Allen charge (see Allen v. United States, 164 U.S. 492), are not preserved for appellate review (see CPL 470.05[2];  People v. Starling, 85 N.Y.2d 509, 516), and we decline to reach those issues in the exercise of our interest of justice jurisdiction (see CPL 470.15[3][c] ).

COVELLO, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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