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

Defendant failed to preserve his current claim of a jury charge error by specific objection at trial (CPL 470.05). In any event, we note that the trial court properly instructed the jurors that there was no evidence from which their question might be answered (see, People v. Brown, 155 A.D.2d 306, 307, lv denied 75 N.Y.2d 811). Additionally, the trial court fully instructed the jury with respect to credibility determinations, and its findings in that regard, supported by the record, will not be disturbed by this Court (People v. Siu Wah Tse, 91 A.D.2d 350, 352, lv denied 59 N.Y.2d 679).

Concur — Murphy, P.J., Ellerin, Ross, Nardelli and Williams, JJ.

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PEOPLE v. DAVIS
(Oct 4, 1994)