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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE SIRIANI, Appellant.

Ordered that the judgment is affirmed.

We reject the defendant's contention that reversal is warranted because the People failed to provide him with notice pursuant to Penal Law § 450.10 that the stolen property in question would be returned to the complainant prior to trial, since the record demonstrates that the defendant suffered no prejudice as a result thereof (see, Penal Law § 450.10; People v. Kelly, 62 N.Y.2d 516; People v. McDonald, 199 A.D.2d 539; People v. Dent, 183 A.D.2d 723; People v. Nieves, 133 A.D.2d 234).

The defendant's remaining contentions are either improperly raised on appeal or without merit. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.

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PEOPLE v. SIRIANI
(Jun 26, 1995)