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THE PEOPLE, ETC., respondent, v. DAVID CONYERS, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant claims that his right to a fair trial was violated when the trial court failed to disclose, or respond to, two jury notes. Since this claim rests on matters which are not contained in the record, its presentation on direct appeal is improper (see People v. Dixon, 201 A.D.2d 581; People v. Harvall, 196 A.D.2d 553; People v. Noland, 189 A.D.2d 829; People v. Weinberg, 183 A.D.2d 930).

Under the circumstances, there is no basis for reduction of the defendant's sentence in the exercise of our interest of justice jurisdiction (see CPL 470.15[c]).

The defendant's remaining contention is without merit.

O'BRIEN, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

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PEOPLE v. CONYERS
(Oct 28, 2002)