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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERVAN SIMPSON, Also Known as DENNIS SANDERS, Appellant.

Ordered that the judgment is affirmed.

The defendant asserts that the trial court erred when it instructed the jury that a trial is a search for the truth. This contention is not preserved for appellate review (CPL 470.05; People v Whalen, 59 N.Y.2d 273; People v Nuccie, 57 N.Y.2d 818). In any event, the court's instructions, viewed in their entirety, adequately conveyed to the jury the appropriate standards applicable to this case (see, People v Graziano, 151 A.D.2d 775; see also, People v Coleman, 70 N.Y.2d 817, 819; People v Adams, 69 N.Y.2d 805, 806; People v Goodfriend, 64 N.Y.2d 695, 697). Accordingly, the defendant's contention is without merit.

We have reviewed the defendant's remaining contention and find it to be without merit (see, People v Sterling, 151 A.D.2d 522). Harwood, J.P., Balletta, Rosenblatt and Copertino, JJ., concur.

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PEOPLE v. SIMPSON
(Dec 9, 1991)