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THE PEOPLE, etc., respondent, v. ELROY M. McDUFFIE, appellant. (Ind. No. 2889/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that a statement made by the Supreme Court during voir dire unduly prejudiced him is unpreserved for appellate review (see, CPL 470.05 Crim. Proc.[2]), and we decline to reach that issue in the exercise of our interest of justice jurisdiction.

ALTMAN, J.P., FRIEDMANN, KRAUSMAN, and FEUERSTEIN, JJ., concur.

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PEOPLE v. McDUFFIE
(Mar 17, 2000)