PEOPLE v. SANTANA

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.