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PEOPLE v. BROWER

161 A.D.2d 602 (1990)

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

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

May 7, 1990

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted to the extent of amending the decision and order dated February 13, 1990, by striking the last sentence of the fourth paragraph which reads as follows: "Although no objection was registered with respect to the foregoing instruction, none was required to preserve the error for appellate review (see, People v Ahmed,

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