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People v. Gittens

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 728 (N.Y. App. Div. 1989)

Opinion

April 24, 1989

Appeal from the Supreme Court, Kings County (Goldman, J.).


Ordered that the judgment is affirmed.

The defendant's sole contention on appeal is that the trial court's response to the jury's request for a readback of the bulk of the trial testimony constituted an abuse of discretion. This contention was not preserved for appellate review (see, CPL 470.05). In any event, in light of the facts and circumstances of this case, no error was committed (see, CPL 310.30; People v. Malloy, 55 N.Y.2d 296; cf., People v. Andino, 113 A.D.2d 944; People v. Arcarola, 96 A.D.2d 1081). Mangano, J.P., Brown, Rubin and Kooper, JJ., concur.


Summaries of

People v. Gittens

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 728 (N.Y. App. Div. 1989)
Case details for

People v. Gittens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESTER GITTENS…

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

Date published: Apr 24, 1989

Citations

149 A.D.2d 728 (N.Y. App. Div. 1989)