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People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1997
245 A.D.2d 82 (N.Y. App. Div. 1997)

Opinion

December 9, 1997

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).


Defendant's challenge to the court's response to a jury's note is unpreserved for appellate review (CPL 470.05; see, People v. DeRosario, 81 N.Y.2d 801), and we decline to reach it in the interest of justice. Were we to consider it, we would find that the court properly responded to the jury's note and correctly explained the element of unlawful intent as it related to the evidence.

Concur — Milonas, J. P., Rosenberger, Nardelli, Rubin and Mazzarelli, JJ.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1997
245 A.D.2d 82 (N.Y. App. Div. 1997)
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON BENNETT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 9, 1997

Citations

245 A.D.2d 82 (N.Y. App. Div. 1997)
665 N.Y.S.2d 868