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THE PEOPLE, ETC., respondent, v. JOHN GRIMALDI, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50(5).

The defendant argues that the Supreme Court erred in refusing a specific request for a jury charge. However, the jury charge, viewed in its entirety, adequately conveyed the appropriate legal standards to the jury ( see People v. Williams, 81 N.Y.2d 303; People v. Storms, 2 A.D.3d 757; People v. Lawrence, 298 A.D.2d 405).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

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PEOPLE v. GRIMALDI
(Apr 26, 2004)