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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENE BENITO, Defendant-Appellant.

Defendant was not prejudiced by the court's refusal to instruct the jury that the foreperson's vote was entitled to the same weight as that of any other juror, since nothing in the court's charge suggested otherwise.

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. BENITO
(Oct 25, 2001)