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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DION JOHNSON, Also Known as ERIC WRIGHT, Appellant.

Ordered that the judgments and the amended judgment are affirmed.

The defendant failed to preserve his challenge to the trial court's response to the jury's note indicating that it was deadlocked, since the defendant failed to object to the trial court's decision to wait an hour before responding to the note and did not object nor make any requests with respect to the court's eventual response (see, People v. Tucker, 192 A.D.2d 469; People v. Pacheco, 156 A.D.2d 593; People v. Hentley, 155 A.D.2d 392). Moreover, reversal in the exercise of our interest of justice jurisdiction is not warranted.

In light of the foregoing, there is no basis to grant the relief which the defendant seeks with respect to the judgment and amended judgment rendered upon his plea of guilty and admission respectively. Thompson, J.P., Miller, Santucci and Joy, JJ., concur.

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PEOPLE v. JOHNSON
(Jul 6, 1993)