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  5. 86 N.Y.2d 761 (1995)
 

PEOPLE v. ALVAREZ

86 N.Y.2d 761 (1995)

655 N.E.2d 171

631 N.Y.S.2d 130

The People of the State of New York, Respondent, v. Jose Alvarez, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Karen M. Kalikow, New York City, and Daniel L. Greenberg for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Lisa Ellen Mudd of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. After a jury trial, defendant was convicted of criminal possession and sale of a controlled substance in the third degree. On appeal, defendant challenged the court's Allen charge to the jury as being improper. The Appellate Division rejected defendant's contention.

The record indicates that the

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