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People v. Shaw

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1990
158 A.D.2d 923 (N.Y. App. Div. 1990)

Opinion

February 2, 1990

Appeal from the Supreme Court, Monroe County, Cornelius, J.

Present — Callahan, J.P., Boomer, Pine, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant has failed to preserve his contention that the trial court committed reversible error in failing to respond fully to the jury's request for the reading of a certain portion of Investigator Ciminelli's trial testimony (see, CPL 470.05). Were we to address the issue in the interest of justice, a reversal would not be warranted because the court's failure to comply fully with the jury's request did not seriously prejudice defendant (see, People v Lourido, 70 N.Y.2d 428, 435; People v Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847; People v Jackson, 20 N.Y.2d 440, 454, cert denied 391 U.S. 928; People v York, 133 A.D.2d 130, 132-133, lv denied 70 N.Y.2d 939; People v Donovan, 118 A.D.2d 722, lv denied 67 N.Y.2d 942). Further, "the court's remarks to the jury when the partial readback was given indicated a continued willingness to abide by the wishes of the jurors" (People v Elie, 150 A.D.2d 719, 720, lv denied 74 N.Y.2d 739). Finally, we conclude that the sentence was not harsh and excessive (see, People v Farrar, 52 N.Y.2d 302, 305).


Summaries of

People v. Shaw

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1990
158 A.D.2d 923 (N.Y. App. Div. 1990)
Case details for

People v. Shaw

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS SHAW, Appellant

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

Date published: Feb 2, 1990

Citations

158 A.D.2d 923 (N.Y. App. Div. 1990)
551 N.Y.S.2d 87

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