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People v. Brundidge

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 847 (N.Y. App. Div. 1996)

Opinion

September 27 1996.

Judgment unanimously affirmed.

Before: Present — Green, J.P., Lawton, Doerr, Balio and Boehm, JJ.


By failing to object to the procedure used by Supreme Court in responding to notes received from the jury during deliberations, defendant failed to preserve for review her present argument that she was denied a meaningful opportunity to assist the court in formulating responses ( see, People v Starling, 85 NY2d 509, 516; People v DeRosario, 81 NY2d 801, 803; People v Green, 207 AD2d 318, 319, lv denied 84 NY2d 935; cf., People v O'Rama, 78 NY2d 270). The verdict is not against the weight of the evidence ( see, People v Bleakley, 69 NY2d 490, 495). Defendant's argument that a remark by the prosecutor on summation improperly characterized the evidence is not preserved for our review ( see, CPL 470.05) and, in any event, is without merit. (Appeal from Judgment of Supreme Court, Erie County, Doyle, J. — Criminal Sale Controlled Substance, 3rd Degree.)


Summaries of

People v. Brundidge

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 847 (N.Y. App. Div. 1996)
Case details for

People v. Brundidge

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERLINDA BRUNDIDGE…

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

Date published: Sep 27, 1996

Citations

231 A.D.2d 847 (N.Y. App. Div. 1996)
648 N.Y.S.2d 415

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