Opinion
2016–04546 Ind.No. 10169/14
05-09-2018
The PEOPLE, etc., respondent, v. Carlos HENDRICKS, appellant.
Seymour W. James, Jr., New York, N.Y. (David Crow and Malvina Nathanson of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Kenneth Blake of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (David Crow and Malvina Nathanson of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Kenneth Blake of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miriam Cyrulnik, J.), rendered April 1, 2016, convicting him of attempted criminal sexual act in the first degree, sexual abuse in the first degree, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, certain testimony of the complainant was properly admitted into evidence for the relevant, nonhearsay purpose of explaining the investigative process and completing the narrative of events leading to the defendant's arrest (see People v. Ludwig, 24 N.Y.3d 221, 997 N.Y.S.2d 351, 21 N.E.3d 1012 ; People v. Genao, 145 A.D.3d 739, 41 N.Y.S.3d 901 ).
The Supreme Court providently exercised its discretion in allowing the jury to use a transcript as an aid while listening to a certain audiotape recording at trial (see People v. Redmond, 41 A.D.3d 514, 515, 837 N.Y.S.2d 710 ; People v. Wilson, 207 A.D.2d 463, 464, 615 N.Y.S.2d 769 ; People v. Carrington, 151 A.D.2d 687, 542 N.Y.S.2d 744 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, MILLER and HINDS–RADIX, JJ., concur.