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PEOPLE v. CLARK
Appellate Division of the Supreme Court of New York, Second Department.
Oct 15, 2002
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ORDERED that the judgment is affirmed.
The defendant's contention that the trial court's response to a jury note impermissibly shifted the burden of proof is unpreserved for appellate review due to his failure to object or make any request with respect to the court's eventual response (see CPL 470.05; People v. Contes, 60 N.Y.2d 620), and we decline to review it in the exercise of our interest of justice jurisdiction.
FEUERSTEIN, J.P., SMITH, GOLDSTEIN and LUCIANO, JJ., concur.
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