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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH DAVIS, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court meaningfully responded to the jury's request for a readback of certain testimony ( see, People v. Malloy, 55 N.Y.2d 296, 301, cert denied 459 U.S. 847; People v. Santiago, 231 A.D.2d 652; People v. Elie, 150 A.D.2d 719; People v. Carrero, 140 A.D.2d 533). The court advised the jury that it would conduct the readback when the appropriate portions of the transcript were located, and indicated its willingness to abide by the wishes of the jury ( see, People v. Santiago, supra; People v. Elie, supra). The fact that the jury withdrew its request before the court conducted the readback does not warrant reversal ( see, People v. Carrero, supra).

The defendant's remaining contentions are either unpreserved for appellate review or lacking in merit.

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.

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PEOPLE v. DAVIS
(Feb 2, 1998)