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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONIDA SANTANA, Appellant.

The trial court did not abuse its discretion in declining the jury's request to reread the defense counsel's summation. A summation is only one party's argument and does not constitute evidence. Consequently, we agree with the conclusion reached by the Second Department in People v. Jones ( 106 A.D.2d 585).

Concur — Kupferman, J.P., Sullivan, Carro and Milonas, JJ.

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PEOPLE v. SANTANA
(Jun 10, 1986)