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THE PEOPLE, ETC., respondent, v. JAHEIM SMITH, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the trial court committed reversible error by refusing the jury's request for a readback of the defense counsel's summation is unpreserved for appellate review ( see CPL 470.05; People v. Velasco, 77 N.Y.2d 469, 474; People v. Dixon, 277 A.D.2d 65). In any event, the defendant's contention is without merit since the trial court properly exercised its discretion in refusing the request ( see People v. Dixon, supra; People v. McClary, 197 A.D.2d 640).

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

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PEOPLE v. SMITH
(Feb 2, 2004)