PEOPLE v. SMITH

Appellate Division of the Supreme Court of New York, Second Department.

Feb 2, 2004

Judgment

CaseIQ

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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.