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People v. Smalls

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1999
259 A.D.2d 336 (N.Y. App. Div. 1999)

Opinion

March 16, 1999

Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).


Despite sufficient opportunity to be heard both before and after the court delivered its supplemental charge, defendant failed to object to the charge or request any alternate response. Therefore, his present challenge is unpreserved for appellate review ( People v. Rivera, 245 A.D.2d 198), and we decline to review it in the interest of justice. Were we to review defendant's claim, we would find that the court provided a meaningful response to the jury's note ( People v. Esquilin, 236 A.D.2d 245, affd 91 N.Y.2d 902).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

Concur — Ellerin, P. J., Nardelli, Williams and Rubin, JJ.


Summaries of

People v. Smalls

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1999
259 A.D.2d 336 (N.Y. App. Div. 1999)
Case details for

People v. Smalls

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT SMALLS…

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

Date published: Mar 16, 1999

Citations

259 A.D.2d 336 (N.Y. App. Div. 1999)
684 N.Y.S.2d 788