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PEOPLE v. BROOKS

152 A.D.2d 591 (1989)

The People of the State of New York, Respondent, v. David Brooks, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 3, 1989

Ordered that the judgments are affirmed.

With respect to the judgment rendered January 27, 1981, any issue of law with respect to the alleged defect in the trial court's instructions to the jury has not been preserved for appellate review (see, CPL 470.05 [2]; People v Giammarino, 105 A.D.2d 802). In any event, while the court's statement to the jury concerning whether "your minds are wavering" or "the scales are even...

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