Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ellen M. Coin, J.), rendered April 7, 2006, after a jury trial, convicting him of assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Ellen M. Coin, J.), rendered April 7, 2006, affirmed.

Defendant's contention that the trial court erred in failing to respond to a jury note requesting a readback of certain testimony is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits since defendant failed to establish that he was substantially prejudiced by the court's delay in responding to the note (see People v Agosto, 73 NY2d 963, 966 [1989]; People v Custalow, 277 AD2d 42 [2000], lv denied 96 NY2d 782 [2001]; cf. People v Lourido, 70 NY2d 428, 435 [1987]). Significantly, the jury expressly withdrew its request for the readback in a subsequent note announcing that it had reached a verdict, a circumstance strongly implying that the jury resolved the issue on its own without any perceived pressure on the court's part (see People v Albanese, 45 AD3d 691 [2007]; People v Quintana, 262 AD2d 101 [1999], lv denied 94 NY2d 865 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: December 16, 2008