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PEOPLE v. FRAISER

Appellate Division of the Supreme Court of New York, Second Department.
Jan 27, 2009
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Ordered that the judgment, as amended, is affirmed.

The defendant's claim that the court erred in failing to elaborate in its jury charge on the meaning of the term "deprive" is unpreserved for appellate review ( see CPL 470.05; People v Robinson, 27 AD3d 492; People v Burch, 188 AD2d 479, 480; People v Roach, 188 AD2d 494). In any event, inasmuch as there is no reasonable view of the evidence under which the defendant did not intend to permanently deprive the complainant of the property, the defendant's challenge to the court's charge as given is without merit ( see People v Watts, 57 NY2d 299, 301; cf. CJI2d[NY] Penal Law ยง 155.25; CJI2d[NY] Penal Law art 160, Introductory Instruction to Each Robbery Charge, n 2).