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People v. Smith
770 N.Y.S.2d 876
| N.Y. App. Div. | 2004
|
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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered February 26, 2001, *379convicting him of robbery in the third degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court committed reversible error by refusing the jury’s request for a readback of the defense counsel’s summation is unpreserved for appellate review (see CPL 470.05 [2]; People v Velasco, 77 NY2d 469, 474 [1991]; People v Dixon, 277 AD2d 65 [2000]). In any event, the defendant’s contention is without merit since the trial court properly exercised its discretion in refusing the request (see People v Dixon, supra; People v McClary, 197 AD2d 640 [1993]). Prudenti, PJ., Goldstein, Luciano and Cozier, JJ., concur.

Case Details

Case Name: People v. Smith
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 2, 2004
Citation: 770 N.Y.S.2d 876
Court Abbreviation: N.Y. App. Div.
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