People v Watson
2009 NY Slip Op 01324 [59 AD3d 286]
February 24, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent,
v
Patrick Watson, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Davis Polk & Wardwell, New York (Michel Beshara of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert Straus, J., at hearing; Robert M. Stolz, J., at jury trial and sentence), rendered March 29, 2005, as amended March 5, 2007, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees, and resentencing him, as a second felony offender, to concurrent prison terms of 4½ to 9 years and 3 to 6 years, respectively, unanimously affirmed.

Previously, we held this matter in abeyance and remanded for a Mapp hearing (49 AD3d 385 [2008]). We find no basis to disturb the hearing court's credibility determinations (see People v Muhammed, 300 AD2d 54 [2002], lv denied 99 NY2d 657 [2003]), or to conclude that the denial of the suppression motion was error (see People v Butler, 292 AD2d 151 [2002], lv denied 98 NY2d 673 [2002]). Defendant's challenge to the adequacy of the trial court's response to a jury note is unpreserved (see People v O'Hara, 96 NY2d 378, 383 [2001]), and we decline to reach the issue in the interest of justice. As an alternative holding, we find that the court's response was meaningful (see People v Santi, 3 NY3d 234, 248-249 [2004]). Concur—Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.