Defendant's claim that the trial court erred when, after rejecting a partial verdict, it told the jury to resume deliberations without explicitly stating that such should be "upon the entire case" (CPL 310.70 [1] [b] [ii]), is unpreserved for appellate review, since defendant "failed to object when the instruction was given and this error does not fall within the narrow class of error which need not be preserved by timely objection" (People v Andujar,
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PEOPLE v. FREIRE
232 A.D.2d 254 (1996)
649 N.Y.S.2d 407
The People of the State of New York, Respondent, v. Andrew Freire, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 17, 1996
October 17, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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